Judge Upholds ATF Gun Rule for SW Border States

ABCN News Radio ^ | 17 January, 2012 | NA

[marktwain]

Thinkstock/Comstock(WASHINGTON) -- A federal judge has upheld a rule proposed by the ATF to track multiple gun sales in Texas, California, Arizona and New Mexico in a lawsuit brought by the National Shooting Sports Foundation and two gun dealers in Arizona.

Over the summer the ATF announced that it would seek information in those four states on gun purchasers who buy two or more weapons a week for semi-automatic long guns that have a caliber greater than .22 and a detachable magazine. The ATF would require gun dealers to report the sale of multiple rifles with what ATF was calling a Demand Letter for the records.

The rule was sought amid the controversy over the botched ATF gun trafficking operation Fast and Furious, which resulted in about 2,000 weapons being allowed to flow into Mexico. The Obama administration has said it was seeking the rule to allow for more accurate and faster tracing of guns involved in crimes that may be linked to drug trafficking.

The suit was brought by the National Shooting Sports Foundation, J & G Sales Ltd., and Foothills Firearms LLC. They argued that the ATF proposal was not authorized by Congress and that the measure would amount to a national firearms registry.

“The reporting requirement is an effort to increase ATF’s ability to detect and disrupt the illegal firearms trafficking networks responsible for diverting firearms from lawful commerce into the hands of criminal gangs that threaten law abiding citizens,” an ATF spokesman said in a statement. “The Department of Justice is pleased the court upheld the requirement.”

In her ruling, U.S. District Court Judge Rosemary Collyer wrote, “Congress has effected a delicate balance between ATF’s regulation of firearms and the right to privacy held by lawful firearms owners.

[marktwain]

This sort of issue was strongly contested in the congress, yet now Judge Collyer says that the ATF can just make up law as it pleases. No need to go through Congress.

I thought the left did not like an "Imperial Presidency", oh, that is only when a Republican is in the office.

Judge Collyer is a Clinton appointee.

[marktwain]

I personally know the owner of Foothills Firearms.

[WOBBLY BOB]

maybe the ATF can issue letters of demand for Barry’s BC or college transcripts,too.

[gunner03]

Let me see if I understand this, This law was passed because the ATF allowed/ encouraged multiple sales by dealers along the border to bolster their premise that dealers along the border were illegally selling guns to the Mexicans in order to push gun control. Do I have this right?

[Sudetenland]

Why do they need this information? We already know were all the guns crossing the border have come from, the ATF.

[FlyVet]

Judge Collyer is a Clinton appointee.

Before I even clicked on the article, I assumed that. Good old "moderate" Bill Clinton.

The good judge isn't aware that these dealers were coerced into selling these guns at the behest of Almighty Government?

He's either an idiot, or he's corrupt. Or both.

I miss my more naive days, when I thought the guys in black robes, and the guys at the top of their profession in government and news media, were the good guys.

They got there because they're the best, didn't they?

Uh.....nope.

It seems, more and more, that they got there because they're lowlifes....with exceptions here and there, of course.

I can only imagine the pressure Cheryl Atkisson has faced for her reporting on F&F. Wiki says she's a 2nd degree black belt, so, no shrinking violet is she, I suppose.

Maybe she's a closet conservative. She certainly has the looks for it. :)

[c-b 1]

Once again the Government creates a crisis, and forces it’s adjenda on us as the solution.

[Manly Warrior]

If I understand this correctly, this regulation (not a law per se) is based on actual law (enacted by congress) to have any strength. The law enacted by congress involved is the section of 10 US code 922 that involves reporting of multiple HANDGUN SALES.

So, the DOJ by extension is making MULTIPLE LONG GUN SALES subject to similar reporting requirements.

I do not know where this will lead, but admin law requires a basis in actual US code Law to be valid-in other words, an agency cannot simply make up regualtions for enforecment or compliane unless it is in line with the LAW.

I see this going further, but will likely require a dealer to refuse to comply on grounds it is supra-legal and therefore unenforceable.

You legal eagle types out there should expound on this process-administrative law and hearings etc as it has been awhile since I sat for Admin Law course work..

[The KG9 Kid]

"... Judge Collyer is a Clinton appointee."

No she isn't.

She was appointed to the Federal bench in 2002 by Dubya. Before that, she was appointed General Counsel of the National Labor Relations Board by President Reagan.

Sorry.

[archy]

Judge Collyer is a Clinton appointee.

There's a little more to her than that:

Chambers: (202) 354-3560

Courtroom Deputy:
Chashawn White (202) 354-3176

Court Reporter:
Crystal Pilgrim (202) 354-3127

Judge Rosemary M. Collyer was appointed to the United States District Court in January 2003. She had been a partner in the Washington, D.C., law firm of Crowell & Moring LLP from 1989 to 2003. Judge Collyer served as General Counsel of the National Labor Relations Board (1984-89) and Chairman of the Federal Mine Safety and Health Review Commission (1981-1984). She graduated from the University of Denver College of Law (1977) and Trinity College Washington, D.C. (1968). She practiced law with Sherman & Howard in Denver, Colorado, before her government service. Judge Collyer is a member of the College of Labor and Employment Lawyers and the American Bar Association Foundation.

[FlyVet]

No she isn't.

Hmmmm. I fell for misinformation. Freepers shouldn't do that.

Dubya, Clinton, whatever. Barbara considers them both sons.

[marktwain]

I stand corrected. I thought that I had read that she was a Clinton appointee. I was clearly wrong.

[TigersEye]

Regime change in the courts. Impeach activist judges!