Tag Archives: ATF

“Lawful Purpose and Self Defense Act” Bill Introduced

Facebooktwittergoogle_pluspinterestyoutube

Utah Rep. Rob Bishop introduces bill to clarify and protect 2nd Amendment guarantees… Important!

Rob Bishop

Source: UtahPolicy.com and NRA-ILA

On May 24, 2017, Chairman of the House Committee on Natural Resources Rob Bishop (R-UT) introduced H.R. 2620, the “Lawful Purpose and Self Defense Act.” This bill would remove ATF’s authority to use the “sporting purposes” clauses in federal law in ways that could undermine the core purpose of the 2nd Amendment. Under Chairman Bishop’s legislation, all lawful purposes — including self-defense — would have to be given due consideration and respect in the administration of federal firearms law.
The U.S. Supreme Court ruled in District of Columbia v. Heller that the core purpose of the 2nd Amendment is self-defense. Nevertheless, many federal laws that regulate the importation, possession and transfer of firearms measure the lawful utility of firearms based on their usefulness for so-called “sporting purposes.”

The term “sporting purposes” is undefined by federal statute and has been subject to several reinterpretations by the ATF and its predecessor agency. Anti-gun administrations have exploited the lack of a clear definition of “sporting purposes” to bypass Congress and impose gun control through executive fiat. The most recent (and perhaps most infamous) example of this was the Obama administration’s attempt to ban a highly popular form of ammunition for the AR-15, America’s most popular rifle. H.R. 2620 would put a stop to this for good.

Bishop offered the following statement:
“The Founding Fathers were clear when they drafted the Bill of Rights. The 2nd Amendment is about security and self-defense. Vagaries in today’s legal code pose a real threat to the right to keep and bear arms. The Obama Administration exploited this ambiguity to forward its agenda of restriction. It’s time to ensure no future Administration tramples on these freedoms guaranteed by our Constitution.”

Chris W. Cox, Executive Director of the NRA Institute for Legislative Action said:
“On behalf of the NRA’s 5-million members, I would like to thank Chairman Rob Bishop for introducing this critical legislation. It sends a clear message that Congress will no longer allow federal bureaucrats to infringe on our 2nd Amendment right to self-protection.”

The Lawful Purpose and Self-Defense Act would:

Eliminate ATF’s authority to reclassify popular rifle ammunition as “armor piercing ammunition.” The federal law governing armor piercing ammunition was passed by Congress to target handgun projectiles, but ATF has used the law to ban common rifle ammunition.

Provide for the lawful importation of any non-NFA firearm or ammunition that may otherwise be lawfully possessed and sold within the United States. ATF has used the current discretionary “sporting purposes” standard to deny the importation of firearms that would be perfectly legal to manufacture, sell, and possess in the United States.

Protect shotguns, shotgun shells, and larger caliber rifles from arbitrary classification as “destructive devices.” Classification as a destructive device subjects a firearm to the registration and taxation provision of the National Firearms Act (NFA) and creates a ban on possession of the firearm in some states.

Broaden the temporary interstate transfer provision to allow temporary transfers for all lawful purposes rather than just for “sporting purposes.”

TAKE ACTION!
Please contact your U.S. Representative and ask him or her to cosponsor and support H.R. 2620, the “Lawful Purpose and Self Defense Act.” You can call your U.S. Representative at 202-225-3121, or click HERE

ATF Sued for Records Classifying AR-15 Ammunition as ‘Armor-Piercing’

Facebooktwittergoogle_pluspinterestyoutube

Judicial Watch, the Washington, D.C.-based watchdog group, has filed a Freedom of Information Act (FOIA) lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) seeking records of communications inside the agency when it was considering reclassifying certain types of AR-15 ammunition as armor-piercing—and effectively banning it from civilian use.

The suit was filed in the U.S. District Court for the District of Columbia (Judicial Watch v. U.S. Department of Justice (No. 1:17-cv-00600)).

Members who want to understand the precise statutory definition of ‘armor-piercing ammunition’ can find it in 18 U.S.C §921(a)(17).

In March 2015, more than 200 members of Congress wrote to former ATF director Todd Jones expressing their “serious concern” that the proposal might violate the Second Amendment by restricting ammunition that had been primarily used for “sporting purposes.”  The letter asserted the ATF’s move “does not comport with the letter or spirit of the law and will interfere with Second Amendment rights by disrupting the market for ammunition that law-abiding Americans use for sporting and other legitimate purposes.”

Judicial Watch filed the lawsuit after the agency failed to respond to a March 9, 2015, FOIA request seeking information on the ammo ban effort:

  • All records of communications, including emails, to or from employees or officials of the ATF related to the decision to revise the ATF 2014 Regulation Guide to no longer exempt 5.56 mm. SS109 and M855 (i.e., “green tip” AR-15) ammunition from the definition of “armor-piercing” ammunition.

“This is yet another example of how Obama’s wanton use of the ‘pen and the phone’ attempted to undermine the constitutional rights of all Americans, as opposed to upholding the rule of law,” said Judicial Watch President Tom Fitton. “The Obama ATF simply ignored our request on their ammo ban. Let’s hope the Trump administration finally brings transparency to this out-of-control agency.”

Check out these other great articles from U.S. Law Shield and click here to become a member:

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations, in state or out of state. Click to watch Independent Program Attorney Michele Byington explain various park rules controlling where you can — and definitely cannot — take your gun. And please take the poll at the bottom to tell us if you take firearms with you on vacation. All poll responses are completely confidential.

Judicial Watch Sues ATF for Records of Attempted Reclassification of AR-15 Ammuniton

Facebooktwittergoogle_pluspinterestyoutube

Judicial Watch has announced that it filed a Freedom of Information Act (FOIA) lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), a component of the Department of Justice, seeking records of communications related to a proposed reclassification that would effectively ban certain types of AR-15 ammunition as armor-piercing.

ball ammo

Source: Judicial Watch

The suit was filed in the U.S. District Court for the District of Columbia (Judicial Watch v. U.S. Department of Justice (No. 1:17-cv-00600)).

The ATF is reportedly reconsidering its February 2015 proposal to revise the 2014 Regulation Guide regarding the reclassification of certain ammunition.

In March 2015, more than 200 members of Congress wrote to former ATF director Todd Jones expressing their “serious concern” that the proposal might violate the Second Amendment by restricting ammunition that had been primarily used for “sporting purposes.” The letter asserts the ATF’s move “does not comport with the letter or spirit of the law and will interfere with Second Amendment rights by disrupting the market for ammunition that law abiding Americans use for sporting and other legitimate purposes.”

Judicial Watch filed the lawsuit after the agency failed to respond to a March 9, 2015, FOIA request seeking information on the ammo ban effort:

All records of communications, including emails, to or from employees or officials of the ATF related to the decision to revise the ATF 2014 Regulation Guide to no longer exempt 5.56 mm. SS109 and M855 (i.e., “green tip” AR-15) ammunition from the definition of “armor-piercing” ammunition.

The precise statutory definition of “armor-piercing ammunition” can be found in 18 U.S.C §921(a)(17).

“This is yet another example of how Obama’s wanton use of the ‘pen and the phone’ attempted to undermine the constitutional rights of all Americans, as opposed to upholding the rule of law,” said Judicial Watch President Tom Fitton. “The Obama ATF simply ignored our request on their ammo ban. Let’s hope the Trump administration finally brings transparency to this out-of-control agency.”

About Judicial Watch
Judicial Watch, Inc., a conservative, non-partisan educational foundation, promotes transparency, accountability and integrity in government, politics and the law. Through its educational endeavors, Judicial Watch advocates high standards of ethics and morality in our nation’s public life and seeks to ensure that political and judicial officials do not abuse the powers entrusted to them by the American people. Judicial Watch fulfills its educational mission through litigation, investigations, and public outreach.

For more information, visit Judicial Watch

ATF letter

Read the entire letter (PDF): Click HERE

ATF Goes Through Major NFA Branch Reorganization

Facebooktwittergoogle_pluspinterestyoutube

BATFE organizational changes might mean greater processing efficiency and shorter wait time. Here’s the scoop…

Source: Recoilweb.com

If you own or have been thinking about owning an NFA item like a short-barreled rifle (SBR) or silencer, no doubt you know that processing times have been going up. The reason is ATF Rule 41F, which became active in July of 2016. The increase of required paperwork under the new rules combined with the front-loading of many submissions by those attempting to make it before the deadline have led to a larger workload for the NFA Branch. It hasn’t helped the silencer industry either.

SBR

But on April 3, 2017, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) made some major changes that amounted to a complete reorganization of the National Firearms Act (NFA) Branch.

In an attempt to better provide oversight, cut down wait times, and increase efficiency, two distinct new branches have been formed: The Industry Processing Branch (NFA IPB) and the Government Support Branch (NFA GSB).

The NFA IPB is responsible for industry forms processing and working towards refining current operations.

The duties of the NFA GSB include processing SOT applications, government transfers, exemptions, and expediting LEO/Gov requests.

Furthermore, a new NFA Division Staff Program Office has been formed to manage publications, FOIA requests, respond to data calls, and oversee the vetting of statistical data.

suppressor

These new changes just might mean greatly reduced wait times — keep your fingers crossed!

U.S. Law Shield News Update: Gun-Deregulation Ideas Offered by BATFE

Facebooktwittergoogle_pluspinterestyoutube

The news of the leaked white paper for the proposal to deregulate some rules from the ATF has been making it’s way around the web this week.

In an 11-page white paper labeled “not for public distribution,” but which has been obtained by Texas & U.S. Law Shield, Ronald B. Turk, associate deputy director and chief operating officer of the Bureau of Alcohol, Tobacco, Firearms and Explosives, outlines several steps the agency could take to remove many restrictions on gun regulations, including suppressors and stabilizing braces, in the United States. Texas Law Shield Independent Program Attorney Michele Byington walks U.S. Law Shield News Host Sam Malone through the proposals.

What are your thoughts on the deregulation of these accessories?