Posted on 01/31/2024 6:13:51 AM PST by MtnClimber
Empower Oversight says power grab would be unconstitutional, usurping powers on Congress and infringing 2nd Amendment.
The whistleblower group that represented the IRS agents in the Hunter Biden case is warning that the Biden administration is preparing an “unconstitutional“ power grab to regulate private gun sales by requiring a background check.
In a letter Wednesday to Attorney General Merrick Garland, Empower Oversight said it had learned from two sources that the Bureau of Alcohol, Tobacco, Firearms and Explosives was directed by the White House to make the change and “has drafted a 1,300-page document in support of a rule that would effectively ban private sales of firearms from one citizen to another by requiring background checks for every sale.”
Empower Oversight said it believes that only Congress can make such a change because a 1986 law it passed explicitly forbade background checks for gun sales between private individuals.
“Such an expansive rule that treats all private citizens the same as federal firearms licensees would circumvent the separation of powers in the Constitution, which grants ‘all legislative Powers’ to Congress while requiring that the President ‘take Care that the Laws be faithfully executed.’
“To the extent such a rule prevents the private sale of firearms, it would also clearly violate the Second Amendment to the United States Constitution, which declares that ‘the right of the people to keep and bear Arms, shall not be infringed,’” it added.
2024-01-31 TL to DOJ-ATF (private sale ban)_Redacted.pdf
Empower Oversight said the rule could also lead to clashes between ATF agents and private citizens, citing two violent tragedies from the 1990s that began with federal raids.
“The lessons of the Ruby Ridge and Waco standoffs should make clear that attempting to enforce such an expansive regulation could endanger countless ATF field agents who are forced to serve as the face of the Biden Administration in going after private firearms owners for constitutionally-protected firearms sales,” it warned.
President Joe Biden last March signed an executive order requiring the federal government to “clarify the definition of who is engaged in the business of dealing in firearms, and thus required to become Federal firearms licensees in order to increase compliance with the Federal background check requirement for firearm sales.”
Biden admitted his goal was to “move us as close as we can to universal background checks.”
ATF subsequently submitted a proposed rulemaking that raised alarm among Second Amendment advocates that the administration was seeking to require any private citizen who sells even a single firearm online to register as an FFL.....
This is intended to be the first step in universal gun registration. And we know what happens next.
Yes. Guns and ammo become a better hedge against the Biden-Buck than Gold.
(That is looking for the silver lining…)
So, this Homey can’t sell to that Homey , without a back ground check?
What happens next is 90%+ Americans ignore the unconstitutional BS, as evidenced by the registration demands being ignored in a couple of states who demanded registration of certain firearms.
This effort will be put down quickly as any reasonable judge will have no qualms about putting an injunction against this nonsense in place.
Several states already require FFL participation with accompanying NICS check in face-to-face private sales.
If they can require NICS checks for all sales, then whenever they want they can shut down firearms sales by simply taking NICS offline.
I know that in some states a CPL can substitute for a NICS check, but the ATF is trying to find any excuse they can to disallow the use of a CPL as a substitute for a NICS check.
For purposes of having on the record, its good this is pointed out.
In practice, that ship sailed years ago.
They'll deem the rule in force, and dare people to stop them. They must be confident it won't contribute to a rout like Waco did in 1994, imho.
Understand this is deeper than just the second amendment. This is about the administrative state and the power they wield through administrative fiat. If this stands what portion of the bill of rights will be negated next? Congress has long relegated decisions to be made by the department responsible for enforcing laws passed through interpolation as read by the department rather than through the meaning of the law. Another sticking point is congress does not write laws. K Street writes them for congress and sends them to the one they have the most influence over to introduce into the legislative mix. The problem of an out of hand administrative state is the lack of congress to do their jobs they were elected to do. That is how they can push blame while begging for your vote the next election cycle and still accomplish the goals of the administrative state. Once you wakeup to this revelation you can understand why the government is so dysfunctional.
Lots of things can kill you ATFPJBG. Alcohol-Tobacco-Firearms-Pharmaceuticals-Jihadis-BIGGOVERNMENT.
Uh, whatever happened to that case in SCOTUS having to do with this kinda stuff, federal agencies just making stuff up like for example just banning gas stoves just because some bureaucrat says so? Isn’t it about time for a Constitutionally correct ruling from SCOTUS?
Governments have killed more humans than probably any other cause.
I will not comply.
bttt
Sell, give, trade, barter and will with friends, known acquaintances and some kin folks only.
It is not “Know bodys” damn business elseways or anysways.
And just how is the ATF going to regulate a private gun sale if it is private and done in a back alley or on your kitchen table or garage? There are people who stand outside the gun show doors offering you cash for your firearm if you are wanting to sell it. Much more than what a pawn shop dealer will give you.
There was a time when the local County Seat had a “GUN AND DOG trading day” on the town square. Long past gone due to the 1968 gun control law.
Two cases made it to SCOTUS to revisit the Chevron doctrine. There has already been a three hour long hearing. The decision is awaiting. I’m anxious to see what Justice Thomas has to say about it. He has been critical of Chevron for a long time.
EC
“universal gun registration”
As a friend used to say it doesn’t matter if you have guns or not, the government is still coming after you.
Especially if you post on a forum such as FR.
***This is intended to be the first step in universal gun registration.****
Probably so but the dems have been trying for gun registration since 1962 when Thomas J. Dodd and Emanuel Celler called for the registration of handguns only! “Long guns will not be affected!” In 1963 they began to call for the registration of ALL GUNS IN PRIVATE HANDS! Now long guns are their main target.
The aversion to gun registration in the US was emphasized in 1941 when the Congress took notice of how gun registration was being done in Nazi occupied countries, and said they would NEVER call for gun registration in the US.
Then in the 1963, with the death of John Kennedy, the Democrats thought “Hey! Registration and a ban on foreign firearms is a great idea! Let’s go for it!” They have been after all guns ever since.
Without a universal gun registration you can’t have universal background checks. There is absolutely no way to police it. So what they are really trying to do is move toward registration. Its not going to happen but nice scare talk.
The ball could bounce either way...
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