The gun industry is fighting for your rights! Are you?

By Jeff Waller, Tupelo Tea Party Examiner

 

BATFE

Washington (Reuters) is reporting that a U.S. judge’s  decision to uphold the recent regulation changes mandated by the BATFE requiring  gun dealers in four states bordering Mexico to report the sales of multiple  semi-automatic rifles has been appealed by the gun industry.  The report  says that Judge Rosemary Collyer of the U.S. District Court for the District of  Columbia ruled that the reporting requirements ordered last year were  sufficiently narrowly tailored.  Collyer writes the reporting demand “was  limited to only certain sales of certain guns in certain states, ATF did not  exceed its authority.”

Gun dealers, the National Rifle Association (NRA), and the National Shooting  Sports Foundation(NSSF) challenged the requirements.  They argue that they  would effectively require national registration of firearms sales, which they  said the BATFE was not authorized to do.  The reporting requirements are  that dealers must report within five business days a sale of two or more  semiautomatic rifles to the same person. That includes rifles with a caliber  greater than .22 that are able to accept a detachable magazine.

The rules, which supposedly apply to only Texas, Arizona, New Mexico and  California are capricious at best.  Because the ruling extends across  state lines, the lawsuit is correct in its assertion that the requirement is  national in scope.  But even if it was not, BATFE is not a governing  body.  It cannot create law.  If this applied to one state only, the  requirement would be wrongheaded because BATFE cannot create what amounts  to state law.

The appeal was filed on Monday with the district court and will go to the  U.S. Court of Appeals for the District of Columbia Circuit.  The BATFE  issued the requirements in a “stepped-up effort to clamp down on the weapons  flowing across the border to drug cartels in Mexico,” and they affect more than  8,000 gun dealers in Texas, Arizona, New Mexico and California.

BATFE’s demands come on the heels of the now-infamous Fast and Furious  program which allowed 2,000 or more high-powered, and assault weapons to be  illegally transferred across the border into Mexico.  Several of these  weapons have already turned up as the murder weapon in several cases.

BATFE is engaged in a form of self-regulation, or self-governance that  involves an unauthorized interpretation of the Constitution.  BATFE does  not have this priviledge.  Only the Congress may enact law.  The  changes amount to legislation which infringes on Americans’ rights to keep and  bear arms.  There is no law against a qualified American citizen’s purchase  of any number of the targeted rifles.  There is no restriction in this  regard.  The new rules amount to an assault on the US Constitution in two  ways.

First, and most obvious, is the impingement on the Second Amendment by  creating an undue burden on the citizen, forcing the citizen to relinquish part  of his freedom in order to facilitate an easing of the burden of the BATFE to  control illegal weapons traffic.  It is not incumbent on the citizen to aid  the BATFE.  Also, the BATFE does not have the authority to arbitrarily  change its own regulations.  Regulation is the jurisdiction of the  Congress.

Second, the forced reporting amounts to an unreasonable search and seizure to  the records and business on the gun dealer and the privacy of the citizen.   The citizen has the right to expect that his or her privacy is respected in a  legal hunting rifle purchase.  BATFE is getting into a realm where it does  not belong.

According to The Washington Post, “A federal judge has thrown out a  lawsuit challenging new reporting requirements for gun dealers that the Obama  administration says are needed to help staunch the flow of powerful rifles to  violent Mexican drug gangs.”

Read that again!  The Obama administration says these changes are “needed to help staunch the flow of powerful rifles to violent Mexican drug  gangs.”  The administration admits to no wrong-doing in the Fast and  Furious program which did exactly that.  Remember, this operation was  supposedly designed to track the weapons to the buyer, but it never did.   None of the over two thousand guns were tracked.  Eric Holder has been  implicated in the planning, execution, and now an apparent cover-up of the  fiasco.  Yet they expect Americans to accept this attack on their  freedoms.

What is next?  Will the Obama administration issue a mass mailing of  pornography to all of the homes in the US, and then tell us that we need to  allow them to open our mail for us?  The logic is the same.  Create a  crisis by either ineptitude or maliciousness, then demand the freedom to be  surrendered in order to combat the crisis.

“While we understand ATF’s motivation is to try to curtail violence in  Mexico, Congress simply has not granted ATF regulatory carte blanche,” the NSSF  said.  This writer is confident that the ruling by Judge Collyer will be  overturned on appeal.

3 thoughts on “The gun industry is fighting for your rights! Are you?

  1. Pingback: Batfe forms | Digifoto

  2. Pingback: Real Gun Control is the People Disarming the Federal Government « This Day – One Day

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