Here are three good reviews of the new form, admittedly a bit wordy in places, but make sure not to miss the nuance. They all seem to add different things to the full analysis.
I guess the moral of the story is to be very careful in the future what you say, what you sign, and how your purchase your firearms. Not that you aren’t already so, but increased diligence is required in the future.
In particular, I don’t like the question asking where you are within the city limits where you reside. I also see this as fomenting the upcoming war between the DOJ/ATF and local, county and state law enforcement over the 2A, with the former pressing increased infringements, and the later exercising nullification. I’ve told you to watch out for this as the movement expands and increases over the country. And expand it will, you can be sure.
So after watching this video in its entirety, I can only conclude the following: (a) the ATF is crooked and corrupt (but we already knew that), (b) the ATF isn’t spending its time at the Southern border trying to end the trafficking of people, drugs and arms across the border into America, for that would be dangerous for them (but we already knew that), (c) the ATF is full if inept people (but we already knew that), (d) the ATF falsely arrested this individual, (e) the ATF took some very nice firearms (e.g., a Knight’s Armament rifle, other weapons, some suppressors, etc.), (f) the ATF doesn’t want to give them back, (g) the man did nothing wrong, (h) the ATF is so juvenile that they threatened the individual when he called to get his weapons back.
Now for the things I suspect: that nice Knight’s Armament rifle has become somebody’s Christmas present and the man will never see his weapon again – it will magically become “lost.” That’s the cause of the delay.
This is your tax dollars at work. Gaze upon the corruption, perfidy, and the repugnant and repulsive picture of a government agency that has become unhinged from morality.
The U.S. Supreme Court on Monday turned away another challenge to a federal ban imposed under former President Donald Trump on devices called “bump stocks” that enable a semi-automatic weapon to fire like a machine gun.
The justices declined to review an appeal by a group of firearms dealers and individuals in Minnesota, Texas and Kentucky after a lower court rejected their argument that the government had violated the U.S. Constitution’s Fifth Amendment “takings clause” by effectively taking their private property without just compensation.
Trump’s administration moved to reclassify bump stocks as machine guns, which are forbidden under U.S. law, in a rare firearms control measure prompted by a 2017 mass shooting in Las Vegas. The Supreme Court in 2019 declined to block the ban from going into effect. The justices last month rejected appeals by a Utah gun lobbyist and firearms rights groups of lower court rulings upholding the ban as a reasonable interpretation of a federal law prohibiting machine gun possession.
Having banned the bump stock, now the BATF is coming for arm braces. Next, it’ll be the six-position AR stock. If this isn’t stopped, gunstocks of every kind will be outlawed by fiat. Perhaps you say that’s ridiculous? But if we’re playing chess and not checkers, it sounds like a “reasonable” pathway to outlawing rifles altogether.
I sort of naturally assume that when local law enforcement confiscates firearms, even if nothing illegal has occurred, the firearms will either never be returned, or if they are, will be rusted, and that most of the time at least some of the firearms end up as gifts to extended family members. This is the whole point of civil asset forfeiture, it’s just that when the ATF or local LEOs confiscate firearms it might be on a smaller scale. Idiot Jeff Sessions approved of and defended civil asset forfeiture, as you will recall. Trump left him in office for nearly two years before appointing Barr, the defender of Lon Horiuchi.
And if that’s true of local law enforcement, it’s true in the superlative of the ATF. If they take possession of firearms, you should expect never to see them again, even if you’ve done nothing wrong.
And yet, God declared theft to be a sin, and hasn’t changed His mind.
As you all are aware by now, Texas passed a “Texas Made Suppressor Law” last session. It is a highly specific law that says that a suppressor that is made ENTIRELY of Texas made parts and stays in Texas is legal. Representative Tom Oliverson (R-District 130) led the fight for passage on this bill and it was well crafted.
It requires anyone who wants to build these to first seek a Declaratory Judgement from the courts–thus giving Attorney General Ken Paxton legal standing to defend the law.
Good news for us! The feds tried to kill the case and Judge Pittman said their arguments were not good enough to pull the plug on the case and denied their motion.
We will have our day in court! Post-Bruen, I have high hopes that this will prevail. Further, I spoke with Representative Oliverson this morning and he said ““HB957 passed its first legal challenge yesterday. I am glad to see the lawsuit move forward and I look forward to Judge Pittman’s evaluation of the arguments. I believe the case against federal regulation of these Texas-made, Texan-owned firearm safety devices is solid!”
It’s going to be a long haul but the trial date has been included in the four-week docket beginning November 12, 2023 and I have high hopes for it!
Here’s the problem. Unless this bill includes the directive for local LEOs to arrest agents of the FedGov who attempt to arrest folks who have suppressors without registering them as NFA items, the law is meaningless.
It’s a setup and trap, even if unintentional.
Do the right thing with the bill. Connect it to protection from the FedGov by the state and then it’s good to go. Even if the FedGov cannot be watched 24 hours per day, after arrest of innocent victims of this new law the state can decide to enter FedGov facilities to regain control of the victims and arrest said agents.
It’s all about who is willing to flex their muscle enough. And by the way, this sort of thing is exactly why the FedGov fears the new Missouri law prohibiting the ATF from interfering with the 2A in that state. It has teeth because it’s backed by state and local law enforcement under threat of firing and never again being able to work as a LEO in Missouri.
Cascade County [Montana] Sheriff Jesse Slaughter on Saturday broke up an investigation carried out in apparent coordination between federal and Canadian authorities at a Great Falls gun show, saying those agencieshad not contacted his office beforehand.
Although state law does not require federal investigators to obtain approval from local law enforcement to conduct operations, the agents left the fairgrounds “reluctantly” and without issue. Slaughter has positioned himself as a “constitutional sheriff,” which theorizes sheriffs are the ultimate authority in their county — above local, state and federal officials — raising questions in this incident about possible friction between layers of law enforcement.
Theorizes? No, a Constitutional Sheriff is the highest law enforcement officer in the county. And that includes any invited or uninvited law enforcement from outside the county and local police departments.
According to a Sept. 24 report compiled by the Cascade County Sheriff’s Office, Slaughter and a deputy responded to a complaint that a man at the Montana Expo Park was acting suspiciously by taking photographs of vehicles. According to the fairgrounds director, the man was driving around the property in a black SUV with Canadian license plates, but never entered the show.
According to the report, Slaughter questioned Howe on why his office wasn’t contacted about the investigation; Howe said he had made contact with city police. The fairgrounds however are under the county’s jurisdiction. Howe added the person they were investigating was an American who did not have a federal firearms license to sell guns, according to the report. Slaughter noted this was a different reason than that provided by the Canadian police officer.
After a discussion under the fairgrounds’ grandstands, Slaughter “informed them they had to leave, to which they did.”
[…]
Slaughter said he had several concerns after learning of the investigation underway at the fairgrounds, primarily a public safety concern that if the federal or Canadian authorities were to use force in any way, they might be mistaken as a citizen assaulting another citizen. Citizens, local law enforcement or the agents involved could have been injured “if something went awry,” he said.
The sheriff also said he has constitutional questions about the legality of the investigation.
“I don’t know what their investigation was, it’s important that you print that,” Slaughter said, noting again the two investigations he was told about; looking for Canadians smuggling guns to the north, and investigating an American who was not licensed to sell firearms.
Slaughter said that had the federal and Canadian agencies contacted his office prior to Saturday’s incident, he would have been able to call off questions of who the agents were, or what they were doing, allowing the investigations to proceed.
Asked Thursday if drawing attention to the federal agents put those law enforcement officers in jeopardy, Slaughter said their police work outed themselves.
That’s funny.
“We don’t know they’re undercover,” Slaughter said. “We don’t know who they are, but we have them acting suspiciously.”
Slaughter said he expects next legislative session, which begins in January, to see passage of a bill that would require federal agencies to make contact with local law enforcement before launching an investigation on the ground. Such a law would further validate his stance as a “constitutional sheriff.”
Such proposals, known previously under the banner of “Sheriffs First,” have failed to pass muster in the state Legislature before. In 2011, a Republican state Senator from Thompson Falls introduced a bill that would have subjected federal agents to kidnapping or trespassing charges if they failed to obtain permission from the local sheriff to effectuate an investigation. Supporters said the legislation would prevent the bloodshed seen in episodes like the 1993 federal raid in Waco, Texas.
These proposed laws are an increment but remain weak because almost all local law enforcement submits to federal authority. We’d like to see a lot more of this but for the right reason: ‘get out of my county, you have no authority here,’ would be a good way to handle these situations. If state legislatures had any Tenth Amendment guts that also would help.
On September 23, 2022, Judge Maryellen Noreika issued a preliminary injunction against Delaware in the case of Rigby v Jennings. The case is about whether the State of Delaware can outlaw homemade guns and the distribution of materials and software to make homemade guns.
*gasp* Ghost Guns!
The decision is a win for supporters of Constitutional rights but has some troubling verbiage. Judge Maryellen Noreika was appointed by President Trump in 2018.
Judge Noreika relies on the “Final Rule” from the ATF, which is under dispute in several cases, as to what is a “firearm.” Further arguments fall apart if the definition of a firearm reverts to the decades-old definition.
Judge Noreika then makes a claim, supported by a Colorado case, that if a commercial transaction may be regulated, then all transactions may be regulated. Footnote 11, p. 11:
Sections 1459(a) and 1463(b) do not solely target commercial transactions. There is no reason to believe, however, that the non-commercial character of a transaction changes the analysis. See Colorado Outfitters Ass’n v. Hickenlooper, 24 F. Supp. 3d 1050, 1074 (D. Colo. 2014) (“Logically, if the government can lawfully regulate the ability of persons to obtain firearms from commercial dealers, that same power to regulate should extend to non-commercial transactions.”),vacated on other grounds and remanded, 823 F.3d 537 (10th Cir. 2016).
This is a jump of logic and directly against the dicta in Heller, which states the Second Amendment allows:
“laws imposing conditions and qualifications on the commercial sale of arms.”
There must be a differentiation between the commercial sale of arms and non-commercial transactions, or the above statement is nonsensical.
Somebody is going to tell us about an acre of wheat grown for private use that “could be” sold out of state.
Here are the TEN gun control provisions hidden in the FY 2023 Commerce, Justice, Science Appropriations bill:
1. Massive ATF Budget Increase to Facilitate Biden’s Pistol Ban
2. Gun Registration Funding
3. Gun Confiscation Law Funding
4. Financial Benefits for Families of Deceased ATF Agents Killed or Injured on the Job while Enforcing Gun Control
5. Ammunition Background Check Study
6. Gun Control Research, Unbound by the Dickey Amendment
7. Anti-gun Community Violence Interventions
8. “Domestic Violence Firearms Lethality Reduction Initiative”
9. “Violent Anti-Government Ideology” Research
10. Gun Control Earmarks
You know they want to know who is buying ammunition and what sort. Don’t bother trying to control the guns, they say. Control the supply of ammunition.
Here is the full take down of the garbage in the bill.
The ATF is asking Congress for a massive raise to:⁰⁰Upgrade their gun registry;⁰⁰Design a background check system for ammo purchases;⁰⁰And offer a pension system for ATF agents & families if injured or killed on the job (right before they start banning millions of firearms) https://t.co/XrXMkHTs1a
You know, that registry that’s supposed to be illegal for them to have, and those background checks on ammo purchases that infringe on the 2A.
That and those, in case you were wondering.
How can anyone left in the ATF actually believe they are doing any sort of good for humanity? How can they look their families in the fact knowing the oath they swore and what they do every day as ATF agents?
If it’s determined that your gun isn’t an SBR, at least they have all of the information on it, including information on you.
If it’s determined that you are in possession of an SBR illegally, then what happens? Do ATF agents come to your door, shoot your dogs and arrest you? Or do they simply register your firearm, now putting that gun on a list of NFA items that cannot cross state lines without their approval?
2 years, 2 months ago
