ATF and background check expansion

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I didn’t find a thread, but wanted to see who know what the latest was on biden administration’s expansion on background check requirements? Topic came up in conversation with a friend and at first it sounded like a law was passed, but after I looked into it, it seems to be one of these redefining and procedures changes by biden’s ATF. Comments or reference appreciated. This is all I found.

https://www.cnn.com/2024/04/11/politics ... index.html

Not sure this will do anything but it’ll make biden’s anti gun supporters happy.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: ATF and background check expansion

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It seems to be a reasonable attempt to define what a firearms dealer is. It is an attempt to set some guidelines to determine when someo0ne is just a gun owner selling from a collection or accumulation and when the volume is high enough to say it's a profit center and so a business requiring a license.

Honestly I wish we had had that discussion a half century ago. IMO if the volume is high enough for it to be an income stream then it is reasonable to require a licenses and be treated just like every other FFL.
To be vintage it must be older than me!
The next gun I buy will be the next to last gun I ever buy. PROMISE!
jim

Re: ATF and background check expansion

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sig230 wrote: Sun Apr 14, 2024 11:06 am It seems to be a reasonable attempt to define what a firearms dealer is. It is an attempt to set some guidelines to determine when someo0ne is just a gun owner selling from a collection or accumulation and when the volume is high enough to say it's a profit center and so a business requiring a license.

Honestly I wish we had had that discussion a half century ago. IMO if the volume is high enough for it to be an income stream then it is reasonable to require a licenses and be treated just like every other FFL.
There's something to this, which includes the evaded tax revenue. It's not giant corporations who are being targeted, but marginal gun sellers. Go figure that one.

Yet we must understand the non zero probability that a background check not run may put a gun in the hands of someone with a bad history who may misuse it on purpose.

CDF
Crippled but free, I was blind all the time I was learning to see.

Re: ATF and background check expansion

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highdesert wrote: Sun Apr 14, 2024 1:13 pm We've been talking about it on another thread.
https://www.theliberalgunclub.com/phpBB ... 4&start=50

Biden issued executive orders after the Monterey Park shooting in CA that pushed ATF.

The new ATF rule:
https://www.atf.gov/rules-and-regulatio ... s/download
I was a bit taken back because my friend mentioned a law. This isn’t a law it’s ATF responding to an executive order.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: ATF and background check expansion

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sikacz wrote: Sun Apr 14, 2024 3:25 pm
highdesert wrote: Sun Apr 14, 2024 1:13 pm We've been talking about it on another thread.
https://www.theliberalgunclub.com/phpBB ... 4&start=50

Biden issued executive orders after the Monterey Park shooting in CA that pushed ATF.

The new ATF rule:
https://www.atf.gov/rules-and-regulatio ... s/download
I was a bit taken back because my friend mentioned a law. This isn’t a law it’s ATF responding to an executive order.
Yes, it's ATF rewriting a rule (federal regulation) concerning private sales of firearms, not a new federal law. Most of the news media doesn't know their ass from a hole in the ground when it comes to firearms stories, they confuse readers.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: ATF and background check expansion

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highdesert wrote: Mon Apr 15, 2024 8:19 am
sikacz wrote: Sun Apr 14, 2024 3:25 pm
highdesert wrote: Sun Apr 14, 2024 1:13 pm We've been talking about it on another thread.
https://www.theliberalgunclub.com/phpBB ... 4&start=50

Biden issued executive orders after the Monterey Park shooting in CA that pushed ATF.

The new ATF rule:
https://www.atf.gov/rules-and-regulatio ... s/download
I was a bit taken back because my friend mentioned a law. This isn’t a law it’s ATF responding to an executive order.
Yes, it's ATF rewriting a rule (federal regulation) concerning private sales of firearms, not a new federal law. Most of the news media doesn't know their ass from a hole in the ground when it comes to firearms stories, they confuse readers.
Certainly confused me when my friend told me about it. LoL.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: ATF and background check expansion

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The State of Texas sued ATF and won a temporary restraining order in the US District Court in Amarillo, TX.
Before the Court is Plaintiffs’ Motion for a Temporary Restraining Order (“Motion”) (ECF No. 16), filed on May 9, 2024. Defendants responded (ECF No. 22) on May 14, 2024. Having reviewed the materials, the Court GRANTS IN PART the Motion. Accordingly,
Defendants are hereby TEMPORARILY RESTRAINED from enforcing the regulations —
“Definition of ‘Engaged in the Business’ as a Dealer in Firearms” (hereinafter “Final Rule”) — published at 89 Fed. Reg. 28968 (April 19, 2024) (to be codified at 27 C.F.R. pt. 478) against Plaintiffs Texas, Jeffery Tormey (“Tormey”), the Gun Owners of America, Inc. (“GOA”), the Gun Owners Foundation (“GOF”), the Tennessee Firearms Association (“TFA”), and the Virginia Citizens Defense League (“VCDL”), through June 2, 2024.
https://www.gunowners.org/wp-content/up ... v.-ATF.pdf

The ATF regulation was supposed to have gone into effect on May 20th. What ever the district court decides on June 2nd, it will get appealed to the 5th Circuit and won't go into effect before the November 2024 election. I expect other states will go court shopping to secure similar restraining orders.

https://www.gunowners.org/goa-gof-help- ... heck-rule/


Meanwhile Jon Cornyn and other Republicans are trying to block the ATF reg.
Republican backers of a once-in-a-generation gun violence bill now lead the charge against one part of the Biden administration’s implementation of the law, a falling out that illustrates the delicacy of trust required to pass legislation on hot-button issues. A Congressional Review Act joint resolution of disapproval introduced Wednesday in the Senate by John Cornyn, R-Texas, could force the chamber to vote on overturning a rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives that would expand the number of gun sellers who would be required to run background checks.

Cornyn had negotiated the 2022 gun violence prevention law that the administration relied on for the ATF rule. Now he has 41 Senate Republicans who back his joint resolution to stop that rule. “Every time that they ask for bipartisanship, then if you provide bipartisan solutions, then they overreach and undermine any sort of good-faith negotiations that take place,” Cornyn said. Democrats have touted the rule, and the 2022 law the administration based it on, as a shining example of bipartisanship and a major step toward making background checks on gun purchases universal. In a floor speech Tuesday marking the anniversary of one of the mass shootings that sparked the law, Majority Leader Charles E. Schumer, D-N.Y., said the law and implementing rule “shows change is possible when both sides work together even when progress is hard and halting.”

But Cornyn, Sen. Thom Tillis, R-N.C., and others who helped negotiate the law’s passage said they felt burned by the White House’s decision to push the rule so much further than they expected. They say the administration took a small change in the language around who can be considered a gun dealer and used it to create a rule that massively expands who qualifies as a gun dealer — and now must comply with federal rules including background checks. “This bill was considered a once-in-a-generation bill,” Tillis said. “They will be responsible for it waiting for another generation if they don’t honor the congressional intent on how they go about implementing the rules.”
https://rollcall.com/2024/05/20/republi ... ey-backed/

If the US Senate succeeds in blocking the ATF rule, the US House will likely follow.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: ATF and background check expansion

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Here's the latest twist in this saga:
A federal judge in Texas blocked the Biden administration’s attempt to close the so-called gun show loophole on Wednesday, expanding a prior temporary ruling to impact Texas, Louisiana, Utah and Mississippi.

--snrps--

Kacsmaryk agreed with plaintiffs, finding that the rule was effectively “requiring that firearms owners prove innocence rather than the government prove guilt,” which could “trigger civil or criminal penalties for conduct deemed lawful just yesterday.”



--snrps--

The ruling also blocks enforcement of the rule for a number of gun rights organizations, including the Gun Owners of America, which has more than 1 million members nationwide.

--snrps--

Kacsmaryk, a Trump appointee, has overseen several politically controversial cases as part of his single-judge division in Texas. Democrats have blasted “judge shopping” in which conservatives have filed cases in the federal courthouse in Amarillo to get Kacsmaryk as the judge.
https://thehill.com/regulation/court-ba ... ssissippi/

Since their position of opposition to the expanded background check rule required judge shopping in order to get a favorable ruling, I detect that their position is weak and eventually will fall.

CDF
Crippled but free, I was blind all the time I was learning to see.

Re: ATF and background check expansion

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Yes, after the review and comment period required for every federal regulation (Rule), the Final Rule was stayed by a US district court judge in Texas. Appeals from that court go to the 5th Circuit in New Orleans and then possibly SCOTUS.

The rule was Biden's response to the Monterey Park shooting and payback to the Bloomie groups for their support. In total 26 state AGs sued ATF, led by Ken Paxton sued ATF. We won't see more federal bi-partisan gun laws anytime soon because of this over-reach.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

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