United States 2nd Amendment Legal Cases and Law Discussion

[Terthna]

Sounds like the ATF is yet another part of the swamp than needs thorough draining.

 

[Typhonis]

Sounds like the ATF is yet another part of the swamp than needs thorough draining.

So drain the ATF of funds and give it to the IRS ? I'm sure they would love to have a budget increase.

 

[Abhorsen]

So drain the ATF of funds and give it to the IRS ? I'm sure they would love to have a budget increase.

This. The IRS, oddly enough for a libertarian, is one of the few things government does that I can get behind. Its fighting a $20 trillion dollar war basically by itself.

 

[f1onagher]

Sounds like the ATF is yet another part of the swamp than needs thorough draining.

Considering that prohibition is over it should be disbanded and its duties divvied out to other alphabets.

 

[Bear Ribs]

I...
I'm in a little bit of awe, while at the same time the back of my brain is telling me I shouldn't be.

Did nobody in the ATFs while process looking at the Honey Badger have a SHOP CLASS in High School?
Or even a father that could teach them how to measure something?
...Or even anybody who thought to look at how they'd screwed-up measuring in the past on this exact kind of case?

I can only presume that whatever courtroom (or en banc hearing or whatever legal jargon for step one of a challenge) that Q eventually gets into will (hopefully) go immediate-overturn on the ATF ruling based on prior precedent of this not being how measurements are done.

The AFT defines shoelaces as a kind of machine gun for their regulatory purposes. This isn't even on the radar for stupid things the ATF has done.

Where a Shoe String is a Machine Gun - The Truth About Guns

&#9664Previous Post Next Post▶ Chuck Neubauer of the Washington Times discovers something that firearms owners and especially manufacturers have been dealing with for, well, decades. And that’s the ATF’s arbitrary, often contradictory, definitions for what is – and isn’t – legal. Focusing on the...

www.thetruthaboutguns.com

 

[ShadowArxxy]

The AFT defines shoelaces as a kind of machine gun for their regulatory purposes. This isn't even on the radar for stupid things the ATF has done.

Where a Shoe String is a Machine Gun - The Truth About Guns

&#9664Previous Post Next Post▶ Chuck Neubauer of the Washington Times discovers something that firearms owners and especially manufacturers have been dealing with for, well, decades. And that’s the ATF’s arbitrary, often contradictory, definitions for what is – and isn’t – legal. Focusing on the...

www.thetruthaboutguns.com

Ehhh, to be fair, a shoelace that is rigged as a functional autofiring device *is* a functional autofiring device.

 

[bullethead]

Saint Benetiz is tired of California's shit and is fast tracking Miller v. Bererra to January 21:

 

[Lanmandragon]

Sounds like the ATF is yet another part of the swamp than needs thorough draining.

Honestly why do ATF and DEA even exist? There's no real reason the FBI couldnt do thier jobs. Not that they are much better but the other two agencies seem redundant.

 

[Zachowon]

Honestly why do ATF and DEA even exist? There's no real reason the FBI couldnt do thier jobs. Not that they are much better but the other two agencies seem redundant.

DEA actually does its job very well and gives the workload of the FBI a break. The ATF is redundent

 

[prinCZess]

Honestly why do ATF and DEA even exist? There's no real reason the FBI couldnt do thier jobs. Not that they are much better but the other two agencies seem redundant.

With all the zaniness of the FBI over the last few years (and historically) I've increasingly begun to have this same question, but in regards to all federal LEO agencies outside the US Marshals Service.

 

[bullethead]

Honestly why do ATF and DEA even exist? There's no real reason the FBI couldnt do thier jobs. Not that they are much better but the other two agencies seem redundant.

ATF exists of Prohibition and the gangsters of that era.

 

[Lanmandragon]

ATF exists of Prohibition and the gangsters of that era.

Right so totally worthless the mob is broken nearly as badly as the Klan.

 

[Doomsought]

Right so totally worthless the mob is broken nearly as badly as the Klan.

Its entire mission statement is to enforce laws that are unconstitutional.

 

[bullethead]

ATF has decided to do some more bullshit:

Alert: ATF Interpretive Change Restricts Handgun Imports and May Require NFA Registration(2)

comms.wiley.law

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has recently changed the manner in which it interprets the statutory and regulatory definition of “handgun,” thereby further limiting the types of firearms eligible for importation. These determinations are not public, so it is difficult for the regulated community to assess and track shifting agency positions.

The Gun Control Act at 18 U.S.C. § 922(l) broadly prohibits the importation of all firearms into the United States. However, so long as a firearm is not military surplus nor subject to the National Firearms Act, section 925(d)(3) provides a limited exception for those firearms considered by ATF to be “generally recognized as particularly suitable for or readily adaptable to sporting purposes." Over the past half century, ATF has issued several studies and criteria on how it evaluates whether shotguns, rifles, or handguns qualify as “sporting” under the law. The handgun factoring test is the most straightforward of these, with a point tally system that rewards larger and bulkier handguns. If a handgun receives 75 or more points, it is considered “sporting” and approved for importation. However, there is no ATF-issued “sporting purpose” test for a firearm that fails to fit within the definition of handgun, rifle, or shotgun. Accordingly, ATF has long held that such a firearm is not importable.

Despite ATF previously stating that there is no limit to how long or heavy a handgun should be to qualify as “sporting” under section 925(d)(3), ATF private classification letters issued within the past few months indicate that the agency has shifted course by reinterpreting what constitutes a “handgun.” In company-specific letters, ATF takes the position that if a submitted firearm is too long or too heavy, it fails to meet the definition of “handgun” under the Gun Control Act, as it is not “designed to be held and fired by the use of a single hand.” The Firearms and Ammunition Technology Division (FATD) of ATF—which conducts importability evaluations—says that it is taking a subjective approach to the statute by allowing individual examiners to determine if he or she can fire the weapon with one hand without difficulty.

This approach is resulting in inconsistent determinations, of which the regulated community should take note. Within the past few months, at least one HK91 pistol-style submission as light as 8 pounds, with a barrel length of 8-3/4 inches and an overall length of 21-3/4 inches, has been determined to fall outside the definition of “handgun.” This is a change from previous determinations where firearms weighing over 8 pounds, with 20-inch barrels, and an overall length of approximately 31-1/2 inches were held by FATD to be “handguns.” Since the letters are not publicly available, it is impossible for regulated companies to know the full range of FATD’s determinations. This has serious implications for regulated businesses.

Boy, they're salty about people finding ways around the NFA and some of the stupid importation hurdles ATF enforces.

 

[bullethead]

Here's a better link for keeping track of SCOTUS and Federal level gun cases:

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[Bacle]

So just saw this, more ATF regs fuckery:


They are clearly banking on a Biden win.

 

[Duke Nukem]

So just saw this, more ATF regs fuckery:


They are clearly banking on a Biden win.

The ATF needs to be dismantled.

 

[Bacle]

The ATF needs to be dismantled.

I expect if Trump wins, this will be reversed; it certainly wouldn't survive if it gets to SCOTUS.

 

[bullethead]

I expect if Trump wins, this will be reversed; it certainly wouldn't survive if it gets to SCOTUS.

If Kavanaugh gets his way, he'll get a Chevron Deference case on the docket and restrict agency's ability to do rule making.

That said, Trump could fuck them over in an instant by putting out an executive order eliminating most of the 922 import restrictions.

 

[Bacle]

If Kavanaugh gets his way, he'll get a Chevron Deference case on the docket and restrict agency's ability to do rule making.

Yeah, the ATF's in-house fuckery that tries to bypass legislation/Constitutional protections needs to end.

It appears this was the Lib VP candidate trying to blow some 'might happen' stuff into much bigger things than it is, based off what is actually in the link to the law group.