Archive for the 'BATFE' Category



The ATF Has Ulterior Motives in the VanDerStok Case

BY Herschel Smith
1 month, 1 week ago

How do we know that? Because we know the type of people who work in the FedGov.

And he even failed to bring up muzzle loaders, which will be considered firearms depending on the outcome of VanDerStok.

By the way, I listened to some of the arguments. Most of the people talking seemed like utter morons to me, including the supreme court justices.

ATF Caught Making False Statement to Supreme Court

BY Herschel Smith
1 month, 2 weeks ago

In the VanDerStok case.

The court briefs are here and here.

My bet is that the DOJ lawyers and ATF hooligans are so dishonest that even if they had known this (and perhaps they did) they would not have corrected the record unless called out on it.

DOJ Arguments in Unserialized Firearms Case

BY Herschel Smith
2 months ago

Remember folks. Every lawyer working for the DOJ is a practicing attorney and officer of the court and has sworn an oath to uphold the constitution. The head demon at the DOJ is chief of oath breakers.

You know the difference between a sperm cell and a lawyer? The sperm cell is a one in a billion chance of becoming human.

Honestly though, I probably shouldn’t tell lawyer jokes since I’m not even a lawyer. Hey, I don’t even know what puppy meat tastes like.

ATF Returns Stolen Bump Stock

BY Herschel Smith
3 months, 1 week ago

Stolen by the ATF, that is.

David Codrea writing at Ammoland displays his bump stock, returned by the ATF (grudgingly, I’m sure).

The reason I obtained the stock in the first place was to establish standing for a legal complaint (I don’t even own a Ruger 10-22 rifle the stock is made for and never intended to use it). I’d originally joined in a lawsuit to force the issue to the Supreme Court. Ours was merged with another lawsuit, but ultimately, the Cargill case prevailed.

There is another important paragraph.

Now, until somebody declares them illegal again, it’s just some pieces of inert plastic joined together that wouldn’t even make a very good club. And that brings us to a particularly dangerous admission coming from some influencers on “our side,” who say ATF didn’t have the authority to ban them, but that Congress does. Reject that. There’s no clause in the Constitution delegating that authority or exempting them from the universal “shall not be infringed” mandate intended to be binding on all branches. Saying it was the purview of Congress was used in legal arguments to get the ban overturned– now that it has been, it’s time to stop saying it.

I agree. That was the basis for the victory in the supreme court, but it’s a shallow victory. Congress doesn’t have the authority to do that at all, and the case was decided on violation of administrative law. I hate it when that happens, because the constitutional question is always avoided. I see no sense at all in a court that can only address the question brought to it on the most narrow grounds. It makes no sense to me that they cannot also decide constitutionality.

I don’t have one and have never used one. However, it was clever to buy one in order to be part of the legal machinations surrounding this issue.

Very well done, David, even though Cargill was the case that ended this stupidity. I would have done it if I had thought about it.

By the way, David sent this photo to me (and others on a mailing list) before posting to Ammoland). This is a note to their editors, with whom I have had run-ins.

ATF Loses Big in Forced Reset Trigger Case

BY Herschel Smith
3 months, 4 weeks ago

Here is the judgment. It’s a scathing indictment of the ATF.

Of course, this will be fought out in appellate court, including en banc. So it’s far from over because the ATF can’t take a loss like this one.

But the judgment is powerfully reasoned.

Suppressor Buying Spree

BY Herschel Smith
4 months, 3 weeks ago

I have a different theory. I don’t think a $200 tax stamp means anything at all to folks who can print money.

Here’s what I think. For every suppressor of, say, 5.56mm, the ATF knows if you purchase one, you have an AR-15. Thus can they “legally” add to their gun registry.

Prosecutor declines filing charges in ATF shooting of Little Rock airport director

BY Herschel Smith
5 months ago

Source.

Pulaski County Prosecutor Will Jones said in a letter to ATF that no charges in the shooting would be filed after reviewing the Arkansas State Police investigation of the shooting of Bill and Hillary Clinton National Airport Executive Director Bryan Malinowski.

In his letter, Jones said the agents had properly identified themselves with police running lights and sirens outdoors before they entered and announced their presence at the front door. He wrote the ATF agents had shields and wore shirts that had ATF Police printed on the right side and bulletproof vests with ATF Police printed on the front. Jones wrote that during the raid one of the agents saw another agent fall to the ground, heard a gunshot and saw Malinowski holding a gun.

I’m sure this comes after Will Jones sold his soul to Satan.

The ATF agents hid the door cam with tape, cut power so that no lights were available, and never had to conduct the raid to begin with. If they had wanted to talk about their unconstitutional laws, they could have worn suits, knocked on the door in broad daylight, and spoken with the man.

This was a hit job, pure and simple. Nothing you say could convince me otherwise. The ATF agent who shot Mr. Malinowski is a murderer, and his co-criminals were guilty of aiding and abetting the crime. He will answer to God, but he should also answer in time and space for his crime and sin.

BATFE Tags:

Judge Reed O’Connor Vacates ATF Pistol Brace Rule

BY Herschel Smith
5 months, 1 week ago

FPC.

FORT WORTH, TX (June 13, 2024) – Today, Firearms Policy Coalition announced a major legal victory in its Mock v. Garland lawsuit challenging the Biden Administration’s “pistol brace” ban rule issued by the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF). In the decision, United States District Court Judge Reed O’Connor granted summary judgment in favor of FPC and its co-plaintiffs and issued a final judgment and order vacating the ATF’s rule. The case and opinion can be found at FPCLegal.org.

The decision can be found here.

It’s nice to see that some things still work in America.

ATF Seller Rule Under Temporary Restraining Order

BY Herschel Smith
6 months ago

The GOA does God’s work.

In this case, we should expect to see The Empire Strike Back.

There is no one decent or good who works for the ATF. Every one of them have sworn an oath the constitution, and every one of them either breaks it directly or enables someone else to break it. They know what they’re doing, and it’s all intentional.

SCOTUS Grants Certiorari in Vanderstok Versus ATF

BY Herschel Smith
7 months ago

Americans have been making their own firearms since the founding of the country. The SCOTUS needs to get this one right, or else they relegate themselves to the trash heap of history. The communists already disregard what they don’t like out of the SCOTUS. When they lose the rest of the base, it’s a short hop and a skip to everyone just completely ignoring them. They have no reason to go to work with that kind of reputation. They should just stay home.


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