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Firearms Industry Files Motion in Suit Against ATF
August 22, 2011Printer Friendly | Email |
(GunReports.com) -- The National Shooting Sports Foundation (NSSF), the trade association for America's firearms industry, has asked a federal court to issue a preliminary injunction blocking the ATF from requiring 8,500 federally licensed firearms retailers along the Southwest border (Texas, New Mexico, Arizona and California) to report multiple sales of certain long guns.
Specifically, the regulation requires retailers to report to ATF the sale of more than one semi-automatic rifle larger than .22 caliber and capable of accepting a detachable magazine that is purchased by the same individual within five consecutive business days. These commonly owned rifles, like all firearms, are lawfully sold by federally licensed firearms retailers only after an FBI background check is performed.
An NSSF lawsuit, filed in the U.S. District Court for the District of Columbia on Aug. 3. 2011, alleges that ATF exceeded its legal authority under the Gun Control Act by sending a letter imposing this new record-keeping and reporting requirement. Today's motion, if granted, would freeze the reporting requirement while the court considers NSSF's underlying lawsuit.
NSSF Senior Vice President and General Counsel Lawrence G. Keane commented on the NSSF motion: "A preliminary injunction will curtail an unlawful regulation by ATF that sets a dangerous legal precedent. If ATF can demand this information from these law-abiding retailers simply by sending a letter requiring it, then there is no record or report ATF cannot require of any licensee, anywhere in the country, simply because ATF had decided it wants to see the information."
Didn't congress tell BATFE they didn't have the authority to do this? Obviously the BATF doesn't think Congress has the authority to tell them to butt out. The Justice Dept. has decided if they don't need to answer to Congress, their departments don't either. Just remember this next fall. Well, since our current government appears to like the idea of ever increasing the size of government, the Congress should establish the CBI.....The Congressional Bureau of Investigation. It could pursue miscreants in the executive branch, the judiciary, and of course its' own legislative branch members. It should have subpoena and arrest powers, and hell.....could establish an entirely separate CPS.....Congressional Prison System in which to incarcerate those miscreants it convicts before the CCC.....The Congressional Criminal Courts. canovack - careful what you ask for... You know Cass Sunstein will get put in charge! I hope they win on this one, solidly. I'm under the impression that most fed agencies regularly over-reach their enabling legislation, and the area under their control. E.g., since when do agencies created to collect taxes have ANY law enforcement responsibilities? When does an agency created to support agriculture get to being law enforcement? These are REGULATORY agencies - now legislative. Find the bad guys, sure. Fine them for violating a regulation? Maybe. But SWAT teams? Heck no. Why not just go to the local sheriff or CPD and say "we got a guy here violating fed food purity laws. We'll provide you with the evidence, please go arrest him."? If this suit wins, it could begin a process of controlling the over-reaching of ALL fed agencies. But keep that under your hat guys - we don't want DOJ to pull out the 'state secrets' defense to get this tossed out of court. David - I hope you are right! This is typical: conflicting governmental agencies trying to justify themselves. We really do not need the BATF; this group at its core ensures taxation is received for alcohol and tobacco. Firearms are taxed like any other commodity sold in retail outlets. Now, tobacco will probably be regulated by the FDA within our lifetime meaning another agency's enforcement rules. That leaves alcohol. A bureau is not needed. Make them a 10-person unit to coordinate with local/state law enforcement. All of us share the same sentiments and rationale.....that there is no need for the BATFE. That said, however, there are also no needs for a number of other government bureaus and agencies. What we must realize is that once a government entity has been established, one of its' primary goals becomes the justification for its' continued existence and expansion. Thus is the role of so many useless government entities. An Important Note for GunReports.Com Readers: Our goal on this website is to foster a free expression of views while reining in language that crosses the line of civil discourse. Accordingly, the comments areas are intended to expand the knowledge of all users of this site. But site administrators wish to discourage the use of profanity, insults, disrespect, the advocacy of lawlessness, violence or sedition, or attempts to impinge on the rights of others. While GunReports.Com encourages robust discourse that furthers our understanding of all the issues affecting gun owners, comments that break GunReports.Com’s rules will be removed. In addition, we reserve the right to edit or delete individual comments, and in extreme cases, to ban commenters at our discretion. --Tim Cole To post a comment you must be a registered user of gunreports.com and be logged in. Use one of the forms below to login or register for FREE to gunreports.com
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