ATF Challenged On New Rule | Guns & Gadgets 2nd Amendment News
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With all the shady stuff we unveiled about the ATF yesterday, that wasn’t the only thing that they have to worry about. Jim Jordan and the House Judiciary Committee have called upon Steve Detelback and have been demanding he address ATF’s newest proposed rule, looking to violate the Second Amendment and make the transition to a complete tyranical KGB group or organization a reality. And I want to tell you all about it.
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Well, there’ll be more on that soon. Trust me. I know some people in Congress are working behind the scenes, and a little bird tells me it’s not going to be turned on during the weekend. But Jim Jordan and the rest of the House Judiciary Committee, republican side, are calling Steve Duttleback to attention, and he better produce some information on their new engaged in the business rule. What that looks to do is to force people who sell guns and maybe make a little profit out of it, potentially just one, if they meet a couple other gray areas ATF is concocting would force that person to get an FFL so that you can have a license, thus paying the government and keeping a registry of all firearms that go through you.
Let’s look at this letter. This was sent yesterday on leap year to Stephen Dedilback. The head of the ATF says, dear director Dedilback, the committee on the Judiciary continues to conduct oversight on the Bureau of Alcohol, Tobacco, Firearms, and Explosives. We write regarding our serious concerns about ATF’s recent attempt to regulate the lawful private sale of firearms. ATF’s regulatory notice is well beyond the scope of its authority and threatens to violate the Second Amendment rights of millions of Americans.
For years, Congress has consistently rejected misguided universal background check legislation. However, in March of 2023, President Biden issued an executive order which the White House described as directing the attorney general to, quote, increase the number of background checks conducted before firearm sales, moving the US as close to universal background checks as possible without additional legislation. It appears that the Biden administration is attempting to abuse the federal rulemaking process to circumvent Congress in order to achieve a far left policy outcome.
On September eigth of 2023, ATF began its effort to regulate the lawful private sale of firearms by publishing a notice in the Federal Register. The proposed rule seeks to drastically expand the universe of Americans who would be classified as a dealer under federal law requiring them to obtain a license to become a federal firearms licensee. Under federal law, an individual who willingly engages in the business of dealing in firearms without a license is subject to a term of imprisonment of up to five years and a fine of up to a quarter million dollars, or both.
As justification for its overreach, ATF cited the Bipartisan Safer Communities act, which was signed into law in 2022 and made minor definition changes in the relevant firearm statutes. The Bipartisan Safer Communities act modified the statutory definition of engaged in the business of dealing in firearms to remove the requirement that a person’s principal objective must include both livelihood and profit in the proposed rule. ATF relies on this modification to draw the conclusion that even a single transaction or offer to engage in a transaction, when combined with other evidence, may be sufficient to require a license as an FFL.
However, the BSCA did not remove and ATS proposed rule largely ignores the provision in the statute stating that the term engaged in business shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms. In addition, the proposed rule goes beyond federal law to create several presumptions about when an individual is engaged in the business of dealing in firearms which would require them to register as an FFL under federal law.
However, when passing the Gun Control act of 1968, Congress did not include any of these presumptions, and ATF fails to cite any legal authority allowing it to make these presumptions in the proposed rule. The rule states that absent reliable evidence to the contrary, individuals are presumed to be engaged in the business of dealing in firearms if their conduct falls within one of ATF’s specified presumptions. In other words, the rule flips the burden of proof and presumes that Americans engaged in conduct disfavored by ATF are breaking the law unless they can prove their innocence.
To make matters worse, ATF’s proposed rule states that presumptions are not exhaustive. This language gives Americans no certainty about the enforcement of federal law and gives ATF blanket authority to create new presumptions with no notice. This language mirrors ATF’s recent frames or receivers rule, which the US Court of Appeals for the Fifth Circuit unanimously vacated, where the court explained that key determinations are exceedingly unclear under the final rule, such that the individual must guess at what he is and is not allowed to do.
A concurring opinion called ATF’s rulemaking a vague, indeterminate, multi factor balancing test that will act like a sort of demicals hanging over the heads of american gun owners. To advance the committee’s oversight of ATF and to better understand ATF’s basis for issuing the proposed rule, we request that you provide the following information. One, please explain when ATF first began to conceive of the need to regulate the lawful private sale of firearms through an agency notice.
Two, please identify the offices and individuals within ATF that conceived, drafted, reviewed, and approved the September eigth 2023 notice in the Federal Register entitled definition of engaged in the business as a dealer in firearms. Three, please provide all communications between the Executive Office of the President and ATF regarding the September eigth 2023 notice. Four, please explain whether the Justice Department reviewed and approved ATF’s September eigth 2023 notice, including the entities involved in the review and the timing of the review.
Five, please explain whether the Office of Management and Budget reviewed and approved ATF September Eigth 2023 notice, including the entities involved in the review and the timing of the review. Six, please explain how ATF plans on enforcing the final rule that will come from the September Eigth 2023 notice. And finally seven, please produce all documents and communications in your possession between ATF and any organizations ATF consulted, collaborated, and discussed the September Eigth 23 notice with we ask that you provide this information as soon as possible, but no later than 05:00 p.
m. On March 14 of 2024, the House Committee on the Judiciary has jurisdiction over the Bureau of Alcohol, Tobacco, Firearms and Explosives and federal administrative procedure pursuant to house Rule X. If you have any questions about these requests, please contact committee staff and thank you for your prompt attention to this matter. And here are all of the signatures of the Republicans in the House Committee on the Judiciary.
So ATF has stepped in it again, and I’m going to say that I’m glad that the House Judiciary Committee is calling them to task. But I demand, just like Americans should demand, that something actually happens other than potentially putting him on the carpet and making him look like a baboon. Again, we know he’s a baboon. He looks like a baboon, he sounds like a baboon, and even when he’s called on the carpet, he performs like a baboon.
We know that. Okay, if it looks like a duck, walks like a duck, it’s a duck. Steven Detelback is a duck. But do something about it. And how do we hold them? Pepper these people in the committee with questions, comments, emails, phone calls. Get on them. Demand they hold this ass clown accountable. Demand they have this rule removed. You can tell I’m frustrated. If you want to stay in the know about second Amendment issues like the ATF, subscribe to the channel down below that little red button.
It’s free to push. It keeps you in the loop, and it helps this channel get the word to more folks like the video as well, and share it so that more people are made aware. And remember, you are your own first responder no matter where you go, no matter where you live, no matter what you look like. You have that right to protect yourself and your loved ones.
And the government can’t tell you that you need to take some type of aggression rather than defend yourself from it. I’ll see you on the next one. Y’all take care. .
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