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Posts Tagged regulations
Fisherman Case Could Destroy The ATF and The Administrative State
From Ammoland:
The cases are Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. The cases ask the Supreme Court to consider more than just the question of whether the government can force a private enterprise to bear the monetary costs of accommodating a government function. It challenges what’s referred to as the Chevron doctrine, a legal doctrine that arose from a previous Supreme Court decision that has over time given wide swath to federal agencies to sort of fill in the holes – if you will – of how the government is to enforce a law when the statute passed by Congress doesn’t explicitly dictate it. It basically allows unelected federal bureaucrats to create laws. Under the Chevron Doctrine, the federal judiciary gives deference to federal agencies’ interpretation of the law, and some would argue abdicate their constitutional responsibility to say what the law means. Chevron deference is the lifeblood of the “administrative state.”
First Bump Stock As A Machine Gun Prosecution Dropped
From Houston Chronicle:
A federal prosecutor withdrew the unique charge before the trial began for a Houston man accused of owning the device. However, the defense was prepared to call an ATF expert to testify that bump stocks, attachments that cause a rifle to fire more rapidly, do not render a semiautomatic gun a machine gun.
Experts had conflicting views on the matter, said defense attorney Tom Berg. But Rick Vasquez, a retired ATF agent and firearms expert, would have told the court the bump stock did not meet the statutory definition of a machine gun. The prosecution dismissed case, he said, because the government couldn’t prove beyond a reasonable doubt the bump stock was a machine gun.
Regulations Encourage Corruption Especially With Guns
From Zero Hedge:
Apple’s Thomas Moyer, 50, was named along with Santa Clara County Undersheriff Rick Sung and Captain James Jensen in a scheme to trade CCW licenses for 200 iPads worth close to $70,000. The deal was called off after Sung and Moyer learned that the District Attorney’s office had executed a search warrant at the Sheriff’s Office, seizing all CCW license records.
Obama Calls For Speech Regulation
From National Review:
“There are millions of people who subscribed to the notion that Joe Biden is a socialist, who subscribed to the notion that Hillary Clinton was part of an evil cabal that was involved in pedophile rings. I think at some point it’s going to require a combination of regulation and standards within industries to get us back to the point where we at least recognize a common set of facts before we start arguing about what we should do about those facts.”
ATF Agent Says Most Guns Aren’t “Firearms”
From CNN:
“That part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.”
The problem — and this is where O’Kelly comes in — is that he says roughly 60% of the guns in America do not have a single part that falls under that definition. The AR-15, for example, has a split receiver — one upper and one lower. Neither meets the requirement on its own.“For 50 years, ATF has been making this square peg fit in the round hole,” O’Kelly told CNN, “when, in fact, it doesn’t.”
Californians Denied Ammo Sales
From Sacbee.com
But Berg couldn’t buy shotgun shells at his local hardware store in Yuba City prior to a duck hunting trip last month. He was rejected under California’s stringent ammunition background check program that took effect July 1, because his personal information didn’t match what state officials had in their database.
Berg was one of tens of thousands of Californians who have been turned away from buying ammunition at firearms and sporting goods stores, even though they appear to be lawfully able to do so, a Sacramento Bee review of state data shows. Between July 1 and November, nearly one in every five ammunition purchases was rejected by the California Department of Justice, the figures show.
Read more here: https://www.sacbee.com/news/california/article238203004.html#storylink=cpy
Gun Shop Leaving Illinois For Indiana
From Guns.com:
Lost Creek Trading Post in Marshall, Illinois late last month said they had been told by local officials they had until June 17 to apply for a newly-mandated state-issued license and be certified by July 17. The requirements include a $1,500 fee and a host of new training and regulatory guidelines. Rather than try to jump through the hoops, Lost Creek is pulling stumps for a location across the state lines in Indiana.
Americans Have Changed, Not Guns
From TribLive.com:
What’s the difference between yesteryear and today? The logic of the argument for those calling for stricter gun control laws, in the wake of recent school shootings, is that something has happened to guns. Guns have behaved more poorly and become evil. Guns are the problem.
The job for those of us who are 65 or older is to relay the fact that guns were more available and less controlled in years past, when there was far less mayhem. Something else is the problem.
Before A Gun Debate Can Start Both Sides Must Read This
This was originally published after the Vegas shooting. The amount of regulations already on the books is astounding.
From The Hill:
After the Las Vegas murders, Sen. Brian Schatz (D-Hawaii) urged Congress to “take a stand against gun violence by passing common-sense gun safety laws.†On Monday, after the mass murder in Texas, he wrote, “A simple idea: Anyone convicted of domestic abuse should see their rights under the 2nd Amendment severely curtailed.†On Tuesday, Sen. Jeff Flake(R-Ariz.) announced that he and Sen. Martin Heinrich (D-N.M.) are writing a bill “to prevent anyone convicted of domestic violence — be it in criminal or military court — from buying a gun.
In the spirit of these proposals, here are some ideas for tough federal gun laws — most of which should have been enacted years ago.
ATF White Paper Leaked, Suggests Sweeping Changes
From The Washington Post:
The “white paper†by Ronald B. Turk, associate deputy director and chief operating officer of the ATF, calls for removing restrictions on the sale of gun silencers; allowing gun dealers to have more guns used in crimes traced to their stores before the federal government requires additional information from the dealer; and initiating a study on lifting the ban on imported assault weapons.
Read the original white paper here.
Reactions:
Blueprints Of Guns Not Allowed, Court Says
From Ars Technica:
In a 2-1 decision, the 5th Circuit Court of Appeals was not persuaded that Defense Distributed’s right to free speech under the First Amendment outweighs national security concerns.
Ordinarily, of course, the protection of constitutional rights would be the highest public interest at issue in a case. That is not necessarily true here, however, because the State Department has asserted a very strong public interest in national defense and national security. Indeed, the State Department’s stated interest in preventing foreign nationals—including all manner of enemies of this country—from obtaining technical data on how to produce weapons and weapon parts is not merely tangentially related to national defense and national security; it lies squarely within that interest.
Regulations Proposed to Control Bitcoin
From the Electronic Frontier Foundation:
The State of New York has proposed BitLicense, a sprawling regulatory framework that would mandate licenses for a wide range of companies that interact with digital currencies. The proposal creates expensive and vague new obligations for startups and infringes on the privacy rights of both Bitcoin businesses and casual users. And we have only four days before public comments on the proposal close. Speak out now.
This isn’t just about Bitcoin. Any future digital currency protocol would be affected, even if it’s not being used for financial services. As the proposal is currently drafted, innovators who want to use these protocols for smart contracts, to track digital assets, or for any other purpose would still be affected.
Ammo Prices to Increase Due to Pollution Regulations
From South Carolina Sportsman:
According to reports from the National Rifle Association and Charlotte-based Ammoland.com, the primary lead smelter at Herculaneum, Mo., will close its doors at year’s end.
The smelter, owned and operated by the Doe Run Company, has been in existence at the same location since 1892. It is the only smelter in the country that can convert raw lead ore into lead bullion mined from large deposits in Missouri.