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.
- Judge Upholds ATF Gun Rule for SW Border States (abcnews.go.com)
- Judge upholds gun store reporting (politico.com)
- Obama-administration-endangered-lives-to-justify-gun-control/ (arizonaguardiansofliberty.wordpress.com)
- Fast and Furious: “Smoking Gun” Indeed(Updated) (markamerica.com)
- Obama tells Congress he’ll decide what’s constitutional (fellowshipofminds.wordpress.com)
- Operation Fast and Furious; Wrong and Deadly (coffeenchat.wordpress.com)
- Gunwalker Update: Feinstein Uses Fast and Furious to Push Gun Control, Gunwalker Being Used to Push Gun Control, Issa Introduces Whistleblower Protection Law, Issa & Grassley Digging Into F&F Investigation Leaks (thepatriotperspective.wordpress.com)