Category: ATF

New Biden Rule Makes ‘Buybacks’ Potential Seller Traps

An email I sent out this morning to my “small cadre” of advisors:

https://www.govinfo.gov/content/pkg/FR-2024-04-19/pdf/2024-07838.pdf

“The definition of ‘to predominantly earn a profit’ now focuses only on whether the intent underlying the sale or disposition of firearms is predominantly one of obtaining pecuniary gain… ’ to define the terms ‘purchase’ and ‘sale’ as they apply to dealers to include any method of payment or medium of exchange for a firearm…”

Did they just tank anonymous “buybacks” with “no questions asked”? I know some gun owners publicize selling cheap junk for a profit… I don’t see a carve out for buybacks in the text (albeit I only did a word search and have not pored through the whole mess).

It turns out Armed Attorneys addressed that in a video Len Savage sent me the link to, along with this observation:

Fun fact: The Bipartisan Safer Communities Act was touted to close the “gun show loophole” to prevent buying a firearm without a background check,

However; There is NOTHING in the rule (based on the law passed) that effects or applies to a BUYER.

NOTHING!

Meaning it would only affect the seller of a firearm to a buyback program.

Don’t take my word on it, here are two attorneys discussing it.

The relevant section starts at 8:12:

So it looks like they outsmarted themselves, and now need to ignore their own rule.

So, every time the antis hold a buyback, why not loudly complain and warn people they’re being invited to violate “commonsense gun safety laws”?

The Final Word?

DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms, and Explosives 27 CFR Part 478 [Docket No. ATF 2022R–17; AG Order No. 5920–2024] RIN 1140–AA58 Definition of ‘‘Engaged in the Business’’ as a Dealer in Firearms AGENCY: Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice. ACTION: Final rule. [More]

I wouldn’t call it “final.”

This isn’t over by a long shot.

We’re the Only Ones Calumniating Enough

At that hearing, a law officer “falsely told the judge that ATF had been watching Mr. Wilson for 13 months and then listed dates the ATF falsely claimed he sold drugs. The agent also falsely told the judge that the Government had Mr. Wilson on tape committing these crimes,” the lawsuit said. [More]

We know Wilson’s name. How come we don’t know the name of the incompetent badged thug, and what’s going to happen with him?

Why only civil charges for kidnapping/hostage-taking? And why wouldn’t a citizen have the right to use all necessary force to protect himself and stop them?

[Via Jess]

We’re the Only Ones Camera Shy Enough

ATF has not released footage from Body Worn Cameras (BWC) the agents are required to use… The second video shows agents approaching the front door of the home where one officer applies what appears to be tape to obscure the doorbell camera on Malinowski’s home. [More]

A Jeff Cooper quote comes to mind:

I have been criticized by referring to our federal masked men as “ninja” … Let us reflect upon the fact that a man who covers his face shows reason to be ashamed of what he is doing. A man who takes it upon himself to shed blood while concealing his identity is a revolting perversion of the warrior ethic. It has long been my conviction that a masked man with a gun is a target. I see no reason to change that view.

[Via Jess]

We’re the Only Ones Bad Apple Dealing Enough

DC police dealt thousands of guns; ATF demands answers after concerning number found at crime scenes … So many guns recovered at crime scenes, in such a brief period, that the Bureau of Alcohol, Tobacco, Firearms and Explosives placed D.C. police into a program designed to give extra scrutiny to dealers with higher levels of so-called crime guns. [More]

Oops…

So when are the grabbers gonna sue them?

[Via CP]

DOJ Reconsiders Denial of Documents in Hunter Biden-Related NICS Permanent Entry Consent Suit

Does the DOJ have the power to create new classes of “prohibited persons” outside of what is statutorily defined? [More]

First they said they had no pages. Now they say they have 350. So what’s on those pages, and will any establish they are authorized to redefine”prohibited person” disqualifiers?

The Wrong People

The now 49-year-old father of 12-year-old twin girls focuses on the bad guys who end up using the guns, he said. “Guns are not the problem,” said DeVito, who plans to retire next month. “I’m an advocate of the second amendment. At the end of the day, the problem is guns ending up in the hands of the wrong people.” [More]

And there’s only one solution to that. The one nobody wants to acknowledge.

[Via Jess]

If Only We Didn’t Have Rights…

Recent operations by the FBI and prosecution by the U.S. Department of Justice has led to federal convictions for Florida residents accused of buying high-powered guns to arm the gangs in Haiti… “These international gangs and these criminal organizations have very sophisticated means and networks to be able to facilitate smuggling, whether it’s through shipments, out of the ports, airlines, different things like that…” [More]

Why would they need to?

I notice how it is “international gangs” are in this country in the first place is left unexplored.

Better to let NBC News of rigged flaming truck notoriety blame DeSantis…

[Via Jess]

Dix: Representatives of People Who Resist Infringements Have a Lot of Gall Complaining About Crime

In addition to nullifying existing firearm regulations, the bill makes it even more difficult for officials to enforce gun laws. [More]

He says that like it’s a bad thing.

We’ve met Griffin Dix before:

A loaded chamber indicator on a Beretta 92 Compact L did not stop 14-year-old Michael Soe from feloniously killing 15-year-old Kenzo Dix during a practical joke. The fact is, Soe’s father left a loaded gun where an untrained, impulsive and judgmentally-challenged adolescent could find it. In their lawsuit, backed by CPHV, Dix’s parents maintained, among other charges, that the chamber indicator was inadequate because the gun was not inscribed with a warning as well. Presumably, were Beretta to do so, they would still be deemed negligent for not including such warnings in Spanish, French, Mandarin Chinese and Tagalog.

We can sympathise with his loss. That does not give him a pass to attack our rights, and when he does, his motives shouldn’t lessen our response.

[Via Michael G]

Straw Man Argument

In the heavily redacted warrant affidavit, the Bureau of Alcohol, Tobacco, Firearms and Explosives claims that Bryan Malinowski purchased numerous firearms that he resold without a firearm dealer’s license. [More]

So… he was exercising his birthright?

If that doesn’t warrant an early morning raid scaring the hell out of a man they knew to be armed into thinking his home was being invaded, I don’t know what does!

[Via Jess]

Hold My Beer, Joni

GOP senator rips Biden’s ‘gun-grabbing’ DOJ for taking nearly 2 years to answer for controversial policy – Sen Joni Ernst, R-Iowa, first wrote the ATF in 2022 demanding answers on its ‘knock and talk’ policy [More]

I just got an unresponsive response to a FOIA request I made in 2015.

I’ll be talking about that after I decide what I’m going to do about it.

[Via Jess]

ATF Given an Inch, Takes a Mile

NSSF Complains There’s Not Enough ‘Gun Control’

Simply put, “gun control” doesn’t work, and it’s astounding that the head of the firearms manufacturer trade association is publicly insisting that it does. [More]

Industry CYA at the expense of our rights is unacceptable.

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