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Why did ATF suddenly redefine firearm transfers?
Gun Rights Examiner ^ | 31 May, 2010 | David Codrea

Posted on 06/01/2010 5:15:08 AM PDT by marktwain

"ATF Reverses Interpretation of GCA; Redefines 'Transfers' of Firearms," reads the May 27 post on the National Shooting Sports Foundation's NSSF Blog.

Reversing an interpretation of the Gun Control Act that has been on the books for more than four decades, ATF today posted a ruling declaring any shipment of a firearm by a manufacturer (FFL) to any agent or business (e.g., an engineering-design firm, patent lawyer, testing lab, gun writer, etc.) for a bona fide business purpose to be a "transfer" under the Gun Control Act of 1968.

As NSSF observes:

In many instances, these requirements will force shipments to a third party, thereby lengthening the process and the time that the firearm is in transit.

The thing is, ATF has been operating under a completely different interpretation without incident:

There is simply nothing in the Brady Act or is there any other legal reason that compels ATF to now reject 40 years of precedent...

ATF is unable to identify a single instance during the past 40 years where a single firearm shipped in reliance upon ATF's rulings was used in a crime.

Here's the May 20 ruling, issued under "authority" of Deputy Director Kenneth E. Melson:

(Excerpt) Read more at examiner.com ...


TOPICS: Constitution/Conservatism; Extended News; Front Page News; Government; News/Current Events
KEYWORDS: atf; banglist; batfe; bhobanglist; bootthebatfe; codrea; examiner; gun; rule
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To: marktwain

Are you sure there is no apparent reason for this? Are you sure this is not to go after Montana and other states who say the Interstate Commerce Laws do not apply to their in-state firearms companies selling firearms only within state boundaries.

I’m not sophisticated enough to conclude that, I’m just asking the question. Could this be the way the ATF plans to regulate Montana gun makers selling guns that never cross state lines to Montana residents? The use of the word “any” makes me wonder if this is the case.

Is this a possibility or does it seem unrelated to the handful of states that have passed these laws?


21 posted on 06/01/2010 8:55:49 AM PDT by Freedom_Is_Not_Free (Liberal are like termites eating away our cultural foundations.)
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To: Joe Brower

Those Chicago mobsters are not inhabiting the WH. Like the cockroaches they are, they’re INFESTING it!

When we finally rid ourselves of them, we’ll need to seal up every opening and pump the place full of insecticide gas.


22 posted on 06/01/2010 8:57:16 AM PDT by Dick Bachert
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To: marktwain
One word: "NUDGE"
23 posted on 06/01/2010 8:58:51 AM PDT by shezza (Blue star wife - God bless and keep safe our troops in harm's way.)
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To: Joe Brower

It’s all about control!

Be Ever Vigilant!


24 posted on 06/01/2010 9:03:21 AM PDT by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: marktwain

The BATF is a group of thugs, and anti-civil rights goons. It should be shut down. Any other government agency with their history of discrimination and FUBAR would have been closed years ago. Liberals over look the actions of these scum bags because the agency is trying to tear town the Second Amendment.


25 posted on 06/01/2010 9:07:05 AM PDT by SUSSA
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To: marktwain

The reason is to make the gun owner database (the one they claim not to have) more complete.


26 posted on 06/01/2010 9:15:15 AM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: Freedom_Is_Not_Free; Lazamataz; reaganaut

Both of you have a point; national registration of guns helps both legitimate law enforcement and the future ability to confiscate. Unfortunately, the legit reason will probably trump the Montana statute under the ‘right’ judges.


27 posted on 06/01/2010 9:17:28 AM PDT by mrreaganaut (In practice, the 'social gospel' always violates the commandments against stealing and coveting.)
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To: marktwain

“Stroke of the pen, Law of the land. Kinda cool!”
Paul Begala

By unelected bureaucrats none the less.


28 posted on 06/01/2010 9:19:45 AM PDT by listenhillary (You might be a modern LIBERAL if you read 1984 & said "YEAH! That's the world that I want!")
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To: marktwain

Actually, over on Sipsey Street the buzz is that this was a setup on the part of a faction within ATF that is looking to see the current acting director thrown out on his ass.


29 posted on 06/01/2010 9:24:36 AM PDT by jdege
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To: Lazamataz

Your delivery method was the problem, Laz. Rights of individuals should not be taken because of a mistake on the part of the delivery service and Glock. That firearm should have been sent to delivery to a named individual (You).

I have a gunshop and stand to benefit financially from this interpretation of this law (via transfers). However, this law sucks, and will just drive up the costs to the consumer without accomplishing a damned thing. What a waste of productive people’s time.


30 posted on 06/01/2010 9:26:08 AM PDT by ExpatGator (I hate Illinois Nazis!)
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To: ExpatGator

In Calif, each transfer also requires another background check. Even to get your pawned gun back. If you don’t pass, you don’t get it back.

And I read that there may be new reasons to fail a check, such as minor ‘mental’ conditions. And returning soldiers and vets that ask for counseling can be classified as ‘mental’, etc.

Not to mention X number of days wait. And in Calif, there is 30 days wait between purchases (don’t know how this relates to transfers of own gun such as return from repair).


31 posted on 06/01/2010 9:38:54 AM PDT by Scrambler Bob (If you could read my mind ... just count up the felonies!)
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To: Flintlock

Like I said.

They won’t “come and take them”. Of course they won’t, they’ll get shot.
They will just regulate them into oblivion via a third party: subject business to slow, growing, crushing weight of regulation, so eventually you’re left with old guns you can’t fix and can’t feed because there’s nobody left to do the work. (And no, you won’t do or make it yourself. You don’t make bullets or primers or brass on your own, nor make receivers or other hard parts - at least nowhere near a rate or quality able to keep up with deep-pockets government.)
And you won’t know what hit you.


32 posted on 06/01/2010 10:03:23 AM PDT by ctdonath2 (+)
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To: robertwalker62

Handguns were the center of NFA before they were axed to get the bill thru.


33 posted on 06/01/2010 10:06:05 AM PDT by ctdonath2 (+)
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To: Lazamataz

Did you ever get your Glock from the thief?


34 posted on 06/01/2010 10:08:58 AM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: marktwain
BATFE. Another useless agency (like the depts of Education, energy and infernal revenue) that needs to be dissolved and it's agents summarily fired (or retired) so that they can't spread more of their brand of tyranny to other segments of the government.
35 posted on 06/01/2010 11:59:46 AM PDT by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: Joe Brower

“We’re going to hammer guns on the anvil of relentless legislative strategy! We’re going to beat guns into submission!”
~Senator Charles Schumer, 1993


36 posted on 06/01/2010 1:10:10 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: MrB

No, the ‘raiders’ need to be shot dead...


37 posted on 06/01/2010 6:15:05 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Joe Brower
Something the Chicago mobsters

Mark Levin commented today that it is a slur against Chicago to label them as such. These are Soviet Socialists we are dealing with and there are many examples to confirm this. Their Stalin-like handling of everything from Health Care (crammed down your throat) to Cap and Trade via the EPA (soon to be crammed down your throat), taking Arizona to task for a wildly popular act, and the "job offers" for those willing to do their bidding at election time, make it obvious. The People don't matter, the State does, and they'll do whatever it takes to "rule" over us.

To predict where things are going, one has only to study the communist's love for armed citizens. There wasn't any. And, if November doesn't come soon enough and hard enough, we'll soon feel the 'love'.

38 posted on 06/02/2010 7:52:15 PM PDT by budwiesest (It's that girl from Alaska, again.)
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To: budwiesest
True enough. We need to always bear in mind the fact that politicians desire unarmed peasants just as criminals prefer unarmed victims.

They are much more like than unlike...

39 posted on 06/03/2010 4:08:48 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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