Tag Archives: BATFE

NRA’s Wayne LaPierre and Chris Cox Issue Joint Statement

NRA calls for BAFTE review on rapid-fire devices. Here’s the story…

NRA

SOURCE: NRA-ILA

The National Rifle Association issued the following statement on October 5, 2017:

“In the aftermath of the evil and senseless attack in Las Vegas, the American people are looking for answers as to how future tragedies can be prevented. Unfortunately, the first response from some politicians has been to call for more gun control. Banning guns from law-abiding Americans based on the criminal act of a madman will do nothing to prevent future attacks. This is a fact that has been proven time and again in countries across the world. In Las Vegas, reports indicate that certain devices were used to modify the firearms involved. Despite the fact that the Obama administration approved the sale of bump fire stocks on at least two occasions, the National Rifle Association is calling on the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to immediately review whether these devices comply with federal law. The NRA believes that devices designed to allow semi-automatic rifles to function like fully-automatic rifles should be subject to additional regulations. In an increasingly dangerous world, the NRA remains focused on our mission: strengthening Americans’ Second Amendment freedom to defend themselves, their families and their communities. To that end, on behalf of our five million members across the country, we urge Congress to pass National Right-to-Carry reciprocity, which will allow law-abiding Americans to defend themselves and their families from acts of violence.”

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. More than five million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter @NRA.

Trump sends more feds to fight Chicago gun violence

As usual: it’s not about new laws, it’s about more effective enforcement… Read on…

chicago crime scene

Source: Chicago Tribune

Twenty federal gun agents have been assigned to Chicago to join a newly formed task force aimed at cutting the flow of illegal guns into the city and cracking down on people repeatedly arrested on gun charges.

Hours after the Chicago police department sent out a news release about the task force, President Donald Trump claimed credit for sending in the agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives.

“Crime and killings in Chicago have reached such epidemic proportions that I am sending in Federal help,” he tweeted last Friday morning.

Trump said there have been “1714 shootings in Chicago this year!” but the number is actually higher, according to data kept by the Tribune. As of Friday morning, the number of people shot in Chicago was at least 1,760, still lower than this time last year, when violence reached levels not seen in two decades.

In January, Trump tweeted, “If Chicago doesn’t fix the horrible ‘carnage’ going on, … I will send in the Feds!”

At a news briefing Friday in Washington, D.C., reporters asked Trump spokeswoman Sarah Huckabee Sanders whether Chicago’s crime problem was related to gun access.

“I think that the problem there is pretty clear that it’s a crime problem. I think crime is probably driven more by morality than anything else,” she said. “So I think that this is a law enforcement issue and our focus is trying to add additional support.”

The roughly 40-person strike force, which consists of Chicago police officers, ATF agents and Illinois State Police, will be working on unsolved shootings and gun-related homicides and combating illegal gun trafficking, officials said Friday.

“It is a battle which can only be fought with all hands on deck, that is, state, federal and local law enforcement,” Joel Levin, Chicago’s acting U.S. Attorney, told reporters at a Friday afternoon news conference at Chicago police headquarters.

This isn’t the first time task forces have been formed to combat gun violence in Chicago.

For example, ATF agents worked in the past with Chicago police officers in the South Chicago District, which borders northwest Indiana, to try to counter the flow of illegal firearms from that state. ATF statistics have shown that most of the guns originating from outside of Cook County that were recovered at Chicago crime scenes in past years came from Indiana.

Tim Jones, who heads the ATF task force, told reporters that 20 new agents will be working on it. That’s in addition to 41 ATF agents who were already working in Chicago.

“We are a small agency, have a small footprint but we like to cast a bigger shadow through our attitude and effort, and we’re here to help, so we’re going to do what we can to work with our partners,” Jones said.

When asked by a reporter if 20 additional agents is enough, given the scope of Chicago’s illegal gun problem, Jones replied, “Me personally, we could probably use 500 more agents. We just don’t have (those resources).”

One of the things the task force will be doing is examining bullet casings recovered from crime scenes in order to perform expedited ballistics testing and determine whether the casings came from the same guns used in other crimes.

These casings will be tested in a mobile van provided by ATF agents who will perform the tests through its National Integrated Ballistic Information Network. This way, Chicago police will be able to determine within hours — instead of days with the department’s in-house lab — whether the casings came from guns used at other crime scenes.

Anthony Riccio, chief of the Chicago police’s Bureau of Organized Crime, said the ATF’s ballistics technology not only could help the department work more quickly, but also could help them link guns to solve more crimes.

“While officers probably will still be working on the arrest report for this individual, we’ll know the history of that gun. We’ll know if it’s been involved in any other shootings. We’ll know where it’s been used,” he said. “And that’s a great lead for detectives because now they’ve got the guy and the gun that have been used in shootings that before would’ve taken us days to find out.”

Chicago police First Deputy Superintendent Kevin Navarro said the department had been working on arrangements to receive more assistance from federal law enforcement since November, during former President Barack Obama’s administration. Those efforts continued under Trump

According to a release from the office of U.S. Attorney General Jeff Sessions, the task force became operational June 1.

“The Trump Administration will not let the bloodshed go on; we cannot accept these levels of violence,” the release quoted Sessions as saying. “That’s why, under President Trump’s strong leadership, we have created the Chicago Gun Strike Force and are sending 20 more permanent ATF agents to Chicago, reallocating federal prosecutors and prioritizing prosecutions to reduce gun violence, and working with our law enforcement partners to stop the lawlessness.”

Sessions went on to criticize the city of Chicago’s status as a “sanctuary city,” which gives certain legal protections to immigrants without legal status in Chicago, saying the policies “tie the hands of law enforcement.” He then praised Celinez Nunez, the new Special Agent in Charge of the Chicago office of ATF, saying the agent “has experienced the tragic consequences of gang violence firsthand,” and would make the city safer.

The task force will work with the Chicago police department’s Organized Crime Bureau and the ATF’s Chicago field office, Chicago police said.

Police Superintendent Eddie Johnson said in the CPD news release that the task force “will significantly help our police officers stem the flow of illegal guns and create a culture of accountability for the small subset of individuals and gangs who (disproportionately) drive violence in our city.”

Judicial Watch Sues ATF for Records of Attempted Reclassification of AR-15 Ammuniton

Judicial Watch has announced that it filed a Freedom of Information Act (FOIA) lawsuit against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), a component of the Department of Justice, seeking records of communications related to a proposed reclassification that would effectively ban certain types of AR-15 ammunition as armor-piercing.

ball ammo

Source: Judicial Watch

The suit was filed in the U.S. District Court for the District of Columbia (Judicial Watch v. U.S. Department of Justice (No. 1:17-cv-00600)).

The ATF is reportedly reconsidering its February 2015 proposal to revise the 2014 Regulation Guide regarding the reclassification of certain ammunition.

In March 2015, more than 200 members of Congress wrote to former ATF director Todd Jones expressing their “serious concern” that the proposal might violate the Second Amendment by restricting ammunition that had been primarily used for “sporting purposes.” The letter asserts the ATF’s move “does not comport with the letter or spirit of the law and will interfere with Second Amendment rights by disrupting the market for ammunition that law abiding Americans use for sporting and other legitimate purposes.”

Judicial Watch filed the lawsuit after the agency failed to respond to a March 9, 2015, FOIA request seeking information on the ammo ban effort:

All records of communications, including emails, to or from employees or officials of the ATF related to the decision to revise the ATF 2014 Regulation Guide to no longer exempt 5.56 mm. SS109 and M855 (i.e., “green tip” AR-15) ammunition from the definition of “armor-piercing” ammunition.

The precise statutory definition of “armor-piercing ammunition” can be found in 18 U.S.C §921(a)(17).

“This is yet another example of how Obama’s wanton use of the ‘pen and the phone’ attempted to undermine the constitutional rights of all Americans, as opposed to upholding the rule of law,” said Judicial Watch President Tom Fitton. “The Obama ATF simply ignored our request on their ammo ban. Let’s hope the Trump administration finally brings transparency to this out-of-control agency.”

About Judicial Watch
Judicial Watch, Inc., a conservative, non-partisan educational foundation, promotes transparency, accountability and integrity in government, politics and the law. Through its educational endeavors, Judicial Watch advocates high standards of ethics and morality in our nation’s public life and seeks to ensure that political and judicial officials do not abuse the powers entrusted to them by the American people. Judicial Watch fulfills its educational mission through litigation, investigations, and public outreach.

For more information, visit Judicial Watch

ATF letter

Read the entire letter (PDF): Click HERE

ATF Goes Through Major NFA Branch Reorganization

BATFE organizational changes might mean greater processing efficiency and shorter wait time. Here’s the scoop…

Source: Recoilweb.com

If you own or have been thinking about owning an NFA item like a short-barreled rifle (SBR) or silencer, no doubt you know that processing times have been going up. The reason is ATF Rule 41F, which became active in July of 2016. The increase of required paperwork under the new rules combined with the front-loading of many submissions by those attempting to make it before the deadline have led to a larger workload for the NFA Branch. It hasn’t helped the silencer industry either.

SBR

But on April 3, 2017, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) made some major changes that amounted to a complete reorganization of the National Firearms Act (NFA) Branch.

In an attempt to better provide oversight, cut down wait times, and increase efficiency, two distinct new branches have been formed: The Industry Processing Branch (NFA IPB) and the Government Support Branch (NFA GSB).

The NFA IPB is responsible for industry forms processing and working towards refining current operations.

The duties of the NFA GSB include processing SOT applications, government transfers, exemptions, and expediting LEO/Gov requests.

Furthermore, a new NFA Division Staff Program Office has been formed to manage publications, FOIA requests, respond to data calls, and oversee the vetting of statistical data.

suppressor

These new changes just might mean greatly reduced wait times — keep your fingers crossed!

Are Obama’s New Actions on Gun Sales ‘Legally Meaningless’?

Many Midsouth Shooter Supply customers have asked us what the likely effects of President Obama’s recently announced executive actions will be, and because we’re not lawyers, we’ve been reluctant to forecast the outcomes of the president’s initiatives and tearful press conference. However, one lawyer, Case Western University School of Law Professor Jonathan H. Adler, wrote on the Washington Post’s The Volokh Conspiracy Opinion blog Jan. 5 that President Obama’s recently announced executive actions will likely have no effect on gun laws.

In Adler’s post, “New ATF guidance on gun sales is legally meaningless (or else it would be unlawful),” the professor lays out the legal reasoning why gun owners needn’t get too exercised about Obama’s “series of executive branch actions (not executive orders) that are supposed to reduce the threat of gun violence.”

Adler writes, “Taken at face value, the new ATF guidance [contained in the White House’s action list] is thus nothing more than a restatement of existing legal requirements. Put another way, it merely identifies those who are already subject to the relevant federal requirements and does not in any way expand the universe of those gun sellers who are required to obtain a license and perform background checks. In other words, it is — as the document says — a guidance, and not a substantive rule. It has no legal effect.”

The BATFE publishes a booklet to help you understand when a Federal Firearms License is required under federal law.
The BATFE publishes a booklet to help you understand when a Federal Firearms License is required under federal law.

Adler asks rhetorically, “If the ATF guidelines are nothing more than a guidance — an indication of the sorts of things that might trigger a federal investigation or prosecution, but not a tightening of the relevant legal standard — why would the administration do this?” He posits four potential reasons:

1: “… guidance documents are often useful insofar as they explicate relevant legal standards and (as the name implies) provide guidance to the regulated community. Such documents can help people know when they are subject to specific legal requirements.”

2: “… the administration hopes to “chill” marginal gun sales.”

3: “… to respond to the political demand for action.”

4: “… issuing a guidance is relatively quick and easy.”

In the event ATF gets challenged in court about any actions it might take as a result of the administration’s executive actions, Adler writes, “The first question a court will consider is whether the ATF document is, in fact, a guidance. The administration will argue that it is, as this is the best way to make a legal challenge go away. But in arguing that the ‘guidance’ is a guidance, the administration will also be conceding that the document has no legal effect and that it does not require anything that is not already required under federal law.”

Click here to see BATFE’s existing brochure, “Do I need a license to buy and sell firearms?”, available as a downloadable PDF.

What concerns you about the proposed Obama gun actions?  That you’ll be declared to be “in the business” because you sell a gun to a friend?  Tell us your worries in the comments section below.

Reaction to President Obama’s Executive Actions on Guns

On January 5, 2016, President Obama spoke from the White House on the additional steps he’s taking to make it more difficult for law-abiding citizens to buy and sell firearms. Video from the press conference is below. The president begins speaking about 4 minutes 30 seconds into the video. Reactions to his proposals from gunowner’s rights supporters follow below the video. Want to join in? Leave your insights in the comments section below:

President Obama is obsessed with undermining the 2nd Amendment.

— Marco Rubio(@marcorubio) January 5, 2016

President Obama’s executive orders will do nothing to improve public safety. #2A #fact

— NRA (@NRA) January 5, 2016

Obama just gave communist china as an example of good gun control He wonders why Americans think he doesn’t believe in the second amendment

— Grover Norquist (@GroverNorquist) January 5, 2016

Obama’s Executive Actions on Guns Will Help . . . Obama

What kind of well-thought-out criteria will the government use to determine that somebody is a firearms dealer under federal law?

“That’s it, really?” the NRA’s Jennifer Baker told The New York Times on Monday night. “They’re not really doing anything.”

Obama has openly supported Australian-style gun confiscation so his insistence that he doesn’t want to take people’s guns is quite odd

— Stephen Gutowski (@StephenGutowski) January 5, 2016

I do admire the pure cynicism of Obama here. He knows this is a completely empty gesture and yet he produced real tears. A+ work.

— Conn Carroll (@conncarroll) January 5, 2016

Fight back against @BarackObama‘s unconstitutional #2A executive actions! #ComeAndTakeIt https://t.co/I8x387Rvii pic.twitter.com/w0HfFtScnD

— Ted Cruz (@tedcruz) January 5, 2016

Obama lists Fort Hood and San Bernardino terror attacks as examples of gun violence. Disgusting #StopGunViolence

— Joel Pollak (@joelpollak) January 5, 2016

Obama says we shouldn’t impugn each other’s motives, then continues to imply you want dead children if you oppose his gun control agenda

— Katie Pavlich (@KatiePavlich) January 5, 2016

Proposed Executive Actions on Gun Control

Once again, President Obama has chosen to engage in political rhetoric, instead of offering meaningful solutions to our nation’s pressing problems.  Today’s event also represents an ongoing attempt to distract attention away from his lack of a coherent strategy to keep the American people safe from terrorist attack. — Executive Director of the National Rifle Association’s Institute for Legislative Action, Chris W. Cox, regarding President Barack Obama’s Executive Gun Control Order.

Gee, how did this issue gets so partisan, asks the guy who says gun owners are awful people who want to see more crime.

— Cam Edwards (@CamEdwards) January 5, 2016

Obama’s Gun Speech Sprinkled With Inaccuracies, Distortions

Unfortunately, the president left out most hard details on what he actually plans to have his officials do.

Eroding civil liberties, especially in America, takes time, President Obama warns.

— Tim Carney (@TPCarney) January 5, 2016

“Every single year, more than 30,000 Americans have their lives cut short by guns.” —@POTUS #StopGunViolence pic.twitter.com/TY1rxMObms

— The White House (@WhiteHouse) January 5, 2016

Two-thirds of those were suicides. Quite odd to bemoan method of suicide rather than suicide itself. https://t.co/OPyC5DrGDk

— Sean Davis (@seanmdav) January 5, 2016

The CRYING GAME: Obama Lies, Cries His Way Through Anti-Gun Speech

We’ve seen some truly horrific acts of dishonesty over the years from President Barack Obama, and his overly-emotional, theatrics filled speech promoting his Administration’s anti-gun executive orders (dissected earlier) was perhaps his deplorable performance yet.

“Fort Hood Binghamton Aurora Oak Creek Newtown The Navy Yard Santa Barbara Charleston San Bernardino Too many.” —@POTUS #StopGunViolence

— The White House (@WhiteHouse) January 5, 2016

So, once again, the president is selling his policies by pointing to incidents and people that don’t even intersect with them. Bizarre.

— Charles C. W. Cooke (@charlescwcooke) January 5, 2016

When Obama says “mass violence” he’s being extremely disingenuous. Homicides down more than 50% since 1992

— Katie Pavlich (@KatiePavlich) January 5, 2016

Executive Actions on Guns Will Have No Effect on Crime – They Serve Only to Intimidate Law-Abiding Gun Owners

After years of unsuccessful attempts to pass gun control laws, President Obama has chosen to do an end run around Congress with executive actions.

“This is not that complicated. The reason Congress blocks laws is they want to win elections” @POTUS says on gun rights fight

— Juliet Eilperin (@eilperin) January 5, 2016

This is as close to an admission of the widespread unpopularity of gun control as Obama will ever get. https://t.co/xUWTc8YXCk

— Sean Davis (@seanmdav) January 5, 2016

Obama’s Gun-Control Plan Includes Gun-Ban For Some Social Security Beneficiaries

One aspect of the new controls is the inclusion of “information from the Social Security Administration in the background check system about beneficiaries who are prohibited from possessing a firearm.”

Why Are Existing Federal Gun Laws Not Enforced?

NRA Executive Vice President Wayne LaPierre says in the video below, “President Obama has all the laws he needs to stop the bloodshed now.” Then LaPierre goes on to recount how federal law enforcement of existing gun laws is practically nonexistent, and if the Department of Justice won’t prosecute gun illegalities as it is, why does Obama ask for more restrictions on gun sales? What’s your opinion?

New Executive Actions to Reduce ‘Gun Violence’

Midsouth Shooters Supply wants to provide our customers access to the full and complete release of the Obama Administration’s “FACT SHEET: New Executive Actions to Reduce Gun Violence and Make Our Communities Safer,” published Jan. 4, 2016. We think it’s important for gun owners to have unfiltered access to all the government’s initiatives that can restrict your 2nd Amendment civil rights.

Click here to see the administration’s release.

obama-capture-wh-gov