ATF’s Forced Reset Trigger Ban Struck Down
BY Herschel Smith
I searched for the brief but couldn’t find it.
From the comments: “This is a TACIT ADMISSION that there is no AMERICAN precedent or commonly-used standard.”
From a reader …
ZH, submitted by GOA.
Earlier this year, the Biden Administration announced its intent to move the United States “as close to Universal Background Checks as possible without additional legislation.”
After much speculation on how far-reaching the rule would be, it has finally arrived, and it’s worse than expected.
In its current form, the universal background check rule could subject those who sell even a single firearm to dealer requirements, including a background check.
ICYMI
We hate to say we told you so, but it's official.
The Justice Department announced a new rule to amend ATF regulations and expand the definition of a firearms dealer to include those who sell even a single firearm. https://t.co/HIpxe0xYv6
— Gun Owners of America (@GunOwners) September 5, 2023
While it is worth noting that none of this would be possible without the Republican-backed gun control known as the Bipartisan Safer Communities Act. There’s still something that gun owners can do to combat this rule.
Under the Administrative Procedures Act, when agencies like ATF make rules, they must first submit the rule for public comment on the Federal Register.
During this period, citizens can give their thoughts on the rule and describe their unique situations as to how it will affect them.
If enough comments are negative, the agency will pull the rule and not proceed. Gun Owners of America has experienced massive success in defeating the ATF through this method. Most significantly, in 2015, we defeated the Obama administration’s attempt to ban M855 “green tip” ammunition during the notice and comment period.
The first attempt at a pistol brace ruling during the Trump Administration was also defeated through the notice and comment period. ATF retracted the rule and “acknowledged there were legitimate uses for the devices,” a statement that encapsulates the hypocritical nature of the agency itself.
And even if the rule goes through and becomes the law of the land, we’re not out of options, but your comments are still extremely important to the next steps.
I get why someone would comment, and I get why they would want to be gray man. I don’t fault anyone for the choice. My profile is pretty visible anyway, and you can guess what I think about this sort of rule-making.
I do doubt that comments will deter the FedGov. But if you feel so-inclined, the link is in the article.
I just wish ATF employees would go get a job doing something that isn’t parasitic on society. I don’t think they really care how dreary and dreadful they have become.
The supreme court reversed the vacatur order by Reed O’Connor. Some lawyer is doing some clever thinking. This time they went for an injunction against enforcement of the unconstitutional and immoral ATF frame and receiver rule. They got it. This will eventually be heard by the supreme court. I stand by my original prediction. The women on the court, including Roberts, will side with the FedGov.
The downside is what the SCOTUS did, i.e., stay the vacatur until heard by the supreme court. So regardless of what is found in the Fifth Circuit, it’s got to go back to the Supreme Court again. So this is a right delayed one more time.
Just noticed my Drivers license-my first and last name off by a letter (I have a rather unique name). I Filled out and spelled my name on 4473 correctly and my previous license didn’t have the spelling issue (same state different address). See more in post.
Passed the NICS check but I’m Wanting to correct my name to reflect it correctly. Anyone have experience with this? Should I call the gun shop and or ATF as well and let them know? I have a clean record and nothing prohibiting me from owning a firearm. I have purchased firearms in the past too with correct spelling on my previous drivers licenses. Funny thing is, I got the “star” or enchanted license too and had to give additional documents and the dmv spelled it wrong still (bith cert., social security card etc). Going to get my name spelled correctly at dmv tomorrow.
The ATF will find a way to blame a DMV error on the FFL and pull his license. They’re communists. It’s what they do.
Apparently, the target of the raid is a pastor who had an FFL. The BATFE coerced him into surrendering his license. All licenses are just borrowed liberties that the issuer has no right to sell, but that’s another story. Oklahoma state Rep. Justin Humphrey (R-Lane) is about to learn what many Americans fear but won’t come to grips with. The oligarchy runs the permanent bureaucracy; state and federal legislatures have no real power anymore.
Since he surrendered his license, the ATF now has access to his 4473s. Expect more raids both of buyers and sellers.
According to a press release, Humphrey said he was contacted by Fincher after a dozen ATF SWAT team members bearing “automatic weapons” raided Fincher’s home, handcuffed him on his porch in front of his 13-year-old son and coerced him into relinquishing his Federal Firearm License.
“If this report is true, and I have every reason to believe it is, then it would appear the ATF’s actions constitute a gross misuse and abuse of their federal police powers,” Humphrey said in the press release.
Fincher’s ordeal was chronicled in a story published in July. The 52-year-old is a high school teacher, a Baptist pastor and a parttime gun dealer.
“Mr. Fincher is a distinguished figure in our community, serving both as pastor and schoolteacher in the small community of Clayton, Oklahoma. He is known as a respected member of the community, and I have every reason to believe his account. If proven true, the actions of the ATF agents could be seen as a severe misuse and abuse of their federal law enforcement authority,” Humphrey wrote in the letter to the AG, Governor and Sheriff. “Mr. Fincher claimed that the intent of the raid was evidently to coerce him into terminating his license. He said agents pressured him to declare that he was willingly signing the three prepared termination papers. He explained that he felt coerced due to the armed agents and the threatening environment. He likened the agents’ actions to extortion rather than a proper law enforcement search. One agent reportedly warned, ‘Tell your firearms buddies we are coming after them.’ If true, this statement appears to be an unlawful threat by the agent.”
Humphrey, who chairs Oklahoma’s Criminal Justice and Corrections Committee, believes the ATF violated Fincher’s Second and Fourth Amendment rights.
This is classic tyranny; find the most upstanding man you can and humiliate him to intimidate the populous. BATFE agents swear an oath to uphold the Constitution. Figure that out.
“When in the course of human events …”
This is an informative video. For example, I was unaware of the need for placing additional information on the frame, and the follow-on need for retooling in the factories.