AR ban to be reversed by the Federal Courts.
The 5th Circuit Court of Appeals has over turned "bump stocks" setting precident.
By, Val Ojeda
The ATF has a long history of pushing the limits of everyday Americans. The agency was not created to save lives, but to collect revenue for the government. In 1972, they created the agency into its department from independent of the IRS. In 2003, the government created two different components of the ATF because of the Homeland Security Act. One that's under the Department of the Justice and the other for tax collection under the Department of the Treasury.
The history of the ATF is not a good one. First there was Ruby Ridge and then Waco. In both incident's tragedy could have been avoided. In both instances, the ATF was at fault for causing almost 80 deaths, including women and children over minor infractions. In both occasions the FBI took over the investigations from the ATF because of poor planning. The ATF became a rogue agency.
The Director of the ATF is a liberal Democrat Steve Dettelbach. He was appointed by Obama as a U.S. Attorney. He served in Obama's two terms. He is a prosecutor and make no mistake he will use everything in his power to prosecute law abiding gun owners.
The actions of the ATF last week have caused an uproar with millions of Americans across the country. The new ban on SBR, short barrel rifles and AR pistols can make innocent gun owners federal felons overnight, facing 10 years in prison for failure to register their guns. Thanks to a recent court case, this ban may be overturned as it violates the U.S. Constitution.
A federal appeals court ruling that tossed out a federal ATF ban on bump stocks after a 2017 mass shooting in Las Vegas, wasn't just about the nation's divisive debate over guns. It was also the latest salvo in an ongoing effort by conservatives to rein in the power of the executive branch. The case itself concerns whether a semi-automatic weapon equipped with a bump stock is essentially a machine gun, which has been heavily regulated for decades because of its use by organized crime. Bump stock attachments help a shooter use the recoil of a semi-automatic weapon to shoot faster, in a way that mimics a machine gun's automatic fire.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives decided that under a 1986 law, a bump stock made a gun a machine gun.
But in a 13-3 decision, the New Orleans-based U.S. Court of Appeals for the 5th Circuit recently disagreed with not only that definition — which it concluded went against years of agency interpretation — but with the ATF's decision to impose a rule rather than yield to efforts by Congress to legislate on the question.
Why a case on bump stocks matters?
Federal court dockets have been filled with high-profile challenges to agency rules in recent years, especially with regard to agencies that deal with hot-button topics like the environment or public health. What happens with regard to how federal rule-making is or isn't limited could have vast implications for executive power.
Appeals courts across the country have been weighing in on the ATF's bump stock rule, but not all have come to the same conclusion, making the question primed for the Supreme Court to eventually resolve.
A decades-old administrative law principle called the Chevron doctrine counsels federal courts to defer to an administering agency's interpretation of an ambiguous or unclear law. But now, the Supreme Court's 6-3 conservative majority appears to be seeking ways to limit agency power and rebalance the separation of powers between the executive, legislative and judicial branches as laid down in the Constitution. The President and the Executive branch does not create laws. That is the job of Congress.
The Supreme Court has been cutting back executive agency power. Many think it’s the new defining characteristic of the new Roberts Court. They have been curtailing agency power in case after case. So, it's possible this case would be looked at with the same lens.
While agencies are empowered to amend their regulations and issue rules, what they can’t do is make law, They can’t pass new statutes, and they can’t establish new criminal laws. That's exactly what this bump stock rule did, it was essentially a federal law in the guise of agency rule-making. This opinion is important for this agency in particular, but also for other cases to establish the limits of rule-making.
Just recently in 2022 there was a ban on ghost guns. A ghost guns is a weapon that is created from home. When made, these guns do not have a stamped serial number. The government made claims that this ban is for public safety, but this violates the ideals of the Second Amendment.
When the founding fathers created the Second Amendment, they didn't stipulate that your gun rights were only guaranteed with a 1700s era musket. They knew that the gun would progress. We went from the flintlock to lever action 100 years later. The government cannot place limits on what a weapon is. This includes the AR, which they call the “assault rifle” with high-capacity magazines. One day, we may develop laser guns in the future that may be more lethal, but that's the rights guaranteed to us by the constitution.
According to the ATF, there are 40 million AR Pistols with braces and other banned components. You have only 120 days to register your guns to be in compliance. But statisticly this is impossible. There are only a few that can intake the “Form 1” ATF form 5320.1 the form converting the AR pistol into an SBR like a rifle. There is no $200.00 fee for this.
So, once you complete the Form 1 there is no guarantee that it will be in the ATF data system within the 120 days. At the rate of their filings for all these weapons it would take 69 years to complete, meanwhile you are in limbo.
It is recommended that you do not register. Let the courts play this out and overturn the ban. Do not give the government gun information that can be used against you. Meanwhile know your rights. The Police need a warrant to enter your home. They require your permission to even talk to you. Do not make any postings on Facebook stating you will not comply, as this can be used against you in a criminal case.
Joe Biden is doing anything he can to ban guns outright. He cannot ban the Constitution. America is not a dictatorship, but a Constitutional Republic. The courts will intervene and overturn his unlawful orders. The reason the founding fathers created this document is for cases such as this. The overturning of the bump stock was just a start. It's time to finally place the office of the executive in check for the people.
With the reversal of this order this will apply to the State of Illinois and their gun that just passed in Springfield in due time. The States have no rights to override the Constitution. This was tried in 1860 leading to the civil war and the states lost. Illinois will soon lose their gun ban as well.
Val Ojeda is a Republican Strategist and Writer. Ojeda is a former law enforcement investigator. He served as an advisor to the Trump Presidential campaigns and was appointed to government service. Ojeda is a businessman and is a consultant to federal election campaigns.