Tag: atf

Texas judge blocks Biden ATF rule expanding gun background checks

A federal judge in Texas temporarily blocked the Biden administration from enforcing its gun background check rule in the Lone Star State on Sunday evening, one day before the national measure took effect.

U.S. District Judge Matthew Kacsmaryk, an appointee of former President Donald Trump, granted a temporary injunction against the Bureau of Alcohol, Tobacco, Firearms, and Explosives to block the federal rule in Texas, though not in other states that challenged the rule.

The rule was scheduled to go into effect on Monday and shutters the “gun show loophole” for firearms sales, requiring dealers selling guns for a profit to be licensed and requiring background checks for buyers.

“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Republican Texas Attorney General Ken Paxton, who challenged the Biden administration rule, said in a statement. The challenge to the ATF measure was also joined by the Gun Owners of America, a pro-Second Amendment group.

“President Biden and his anti-gun administration have aggressively pursued an agenda meant to harass, intimidate, and criminalize gun owners and dealers at every turn,” said Erich Pratt, senior vice president of GOA.

Plaintiffs argued the ATF rule violated the Bipartisan Safer Communities Act of 2022 and the Second Amendment. Kacsmaryk did not rule on the constitutional claim but agreed with the plaintiffs that it ran afoul of the 2022 law.

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ATF Report Undermines Left’s Hysteria Over So-Called ‘Gun Show Loophole’

The Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Firearms Commerce and Trafficking Assessment (NFCTA), Vol. III, undermines the left’s long-standing hysteria over a so-called “gun show loophole.”

The NFCTA examines gun trafficking and gun trafficking channels, both domestic and international.

The ATF uploaded the NFCTA in various parts or segments, and part four looks at “source-to-market” trafficking.

From the NFCTA:

The term source-to-market type captures the geographic scope of firearm trafficking cases, which include intrastate, interstate, and international trafficking. Within the U.S., intrastate trafficking involves the movement of firearms in markets within states, while interstate trafficking occurs between states. International trafficking involves the movement of firearms in markets between the U.S. and a foreign country. For interstate and international trafficking, the term ‘source’ is used to identify the state or country that is the supplier of illicit firearms, while the term ‘market’ is used to identify the state or country that is the recipient of illicit firearms. In the case of international trafficking, the U.S. may serve as the source country while a foreign country serves as the market country, referred to as U.S. to foreign trafficking. Conversely, a foreign country may serve as the source country while the U.S. serves as the market country, referred to as foreign to U.S. trafficking.

Following decades of hysteria from the left resulting in gun control push after gun control push based on the so-called “gun show loophole,” one would think such shows to play a dominant role in intrastate and interstate trafficking. However, the NFCTA numbers show only 3.2 percent of ATF intrastate trafficking cases involve “trafficking in firearms at gun shows, flea markets, or auctions.”

Moreover, only 4.3 percent of ATF interstate trafficking cases involve “trafficking in firearms at gun shows, flea markets, or auctions.”

The percentage of international ATF trafficking cases from the United States to a foreign country involving “trafficking in firearms at gun shows, flea markets, or auctions” is 4.5 percent.

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Airport executive shot in firefight with federal agents at his home in Arkansas

The executive director of the Bill and Hillary Clinton Airport in Little Rock, Arkansas, was shot Tuesday as federal agents arrived at his home to serve a search warrant, police said.

Bryan Malinowski, 53, the airport’s executive director, was injured during a firefight after 6 a.m. as Bureau of Alcohol, Tobacco, Firearms and Explosives agents arrived.

He “was injured with gunshot wounds and treated on scene by paramedics before being transported to a local hospital,” Arkansas State Police said in a statement, adding that his condition was unknown as of 12:30 p.m. Tuesday.

One ATF agent received what police called a “non-life-threatening gunshot wound” and was also taken to a hospital, police said.

Malinowski’s older brother, Matthew Malinowski, 55 of Pennsylvania, was at his bedside Wednesday and said he didn’t know whether his brother would survive.

“We don’t know if he’s going to make it in the next 24 hours,” Matthew Malinowski told NBC News by phone in his first public comments. “He was shot in the head.”

Matthew Malinowski said his brother was on life support and doctors haven’t performed surgery “because they don’t think he’s gonna make it.”

He said Bryan Malinowski collected guns and other weapons, as well as coins, lived in an upper-middle class suburb and earned $253,000 a year.

“He has so much to lose,” the brother said.

A public records search of Bryan Malinowski showed no arrests or other run-ins with police.

Shea De Bruyn, a neighbor, told NBC News’ affiliate KARK of Little Rock that she was woken by five or six loud bangs.

“My heart was racing and the dogs were barking.” she said. “I’m just really curious as to what was going on just a few houses down.”

Neighbors also told KARK that on Tuesday evening they saw guns and ammunition being loaded onto a trailer, while firefighters carried a circular saw, crowbars and other tools into the house.

Matthew Malinowski said his brother met with Arkansas senators last week in Washington for official airport business.

“That tells you the circles he’s running in,” the older brother said.

The state police Criminal Investigation Division is investigating the case.

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ATF Agent Stops Gun Sale Over Marijuana Odor And DOJ Argues Cannabis Consumers Don’t Have 2nd Amendment Rights 

Second Amendment advocates are criticizing a pair of recent developments around marijuana and firearms—issues they say underscore the need for further reform.

Last month during a routine audit of a gun dealer, a federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigator reportedly ordered the store to stop the sale of a pistol because the investigator claimed the would-be buyer smelled of marijuana.

“I wasn’t high,” the prospective buyer told the Second Amendment Foundation, according to the outlet Ammoland, which referred to the individual only as Daniel. “None of this makes any sense to me.”

Daniel had already filed federal paperwork saying he was eligible to own a firearm and had passed a background check for the handgun, according to the report. When he went to pick it up at a Plant City, Florida store, however, the ATF industry operations investigator reportedly halted the sale.

ATF spokesman Jason Medina acknowledged that the smell of marijuana could have been from exposure to second-hand smoke and not an indication that the gun buyer himself had consumed cannabis.

“That’s true,” Medina told Ammoland.

Meanwhile in a federal appeals court case, the Department of Justice argued in a filing earlier this month that marijuana users “are more likely than ordinary citizens to misuse firearms,” likening them to “the mentally ill” as well as “infants, idiots, lunatics, and felons.”

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Gun Hobbyists (and Liberty) Win Big in Court

The Biden administration’s scheme to threaten the public with tightened gun-control regulations by reinterpreting laws to mean what they never meant in the past is running into some speed bumps. Stumbling over one of those obstacles is an attempt by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to define unfinished firearm frames and receivers—functionally, paperweights—as firearms for the purpose of regulating homemade “ghost guns.” The courts aren’t buying the government’s argument and on November 9 delivered another slap to regulators and the White House.

“The agency rule at issue here flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy,” wrote Judge Kurt D. Engelhardt for three judges of the Fifth Circuit Court of Appeals in ruling on VanDerStok v. Garland. “Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will.”

Specifically, the court addressed portions of the ATF’s new “frame and receiver” rule which reinterpreted existing law, particularly elements of the Gun Control Act of 1968. The rule would extend the ATF’s reach and allow the government to restrict home construction of firearms in ways that the Biden White House wants as part of a crusade against so-called “ghost guns” but hasn’t been able to get through Congress.

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5th Circuit Panel Unanimously Finds ATF’s 80 Percent Firearm Frame Rule ‘Unlawful’

A three-judge panel for the United States Court of Appeals for the Fifth Circuit decided on Thursday against the ATF’s 80 percent frame rule, finding that the ATF overstepped its bounds in issuing it.

The 80 percent or partial frame rule is contained within ATF Final Rule 2021-05F, and makes clear the ATF’s position that partially completed pistol frames–commonly known as 80 percent frames–are “firearms.”

The ATF’s rule on frames took effect on August 24, 2022, and following public pushback, the ATF released a December 27, 2022, letter, reiterating that their rule does hold that “partially complete pistol frames” are “firearms.’ This opens the door for a background check requirement for certain gun parts and/or parts kits.

All three judges on the Fifth Circuit panel decided against the ATF’s rule.

The three judges, Kurt D. Engelhardt, Andrew S. Oldham, and Don Willet, were all appointed by Donald Trump. The case made its way to them on appeal from the United States District Court for the Northern District of Texas.

The judges seized on the the ATF’s act redefining partial frames as firearms, noting that in so doing the ATF went beyond Congress.

Engelhardt wrote the court’s opinion and noted:

The agency rule at issue here flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy. Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will.

Oldham, concurring, pointed to what he saw as the ATF’s core blunder: “ATF’s foundational legal error is that it conflated two very different statutes: the Gun Control Act of 1968 and the National Firearms Act of 1934. Those two statutes give ATF very different powers to regulate very different types of weapons.”

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Federal Judge Smacks Down Biden’s ATF AR-15 Gun Ban

A Trump appointed federal judge just smacked down an attempt by Biden’s ATF to ban AR-15 pistols with arm braces.

It’s amazing. No matter how bad crime gets, the Democrat left is still intent on trying to disarm law abiding Americans.

Gun sales are through the roof right now, as Americans were horrified by the attacks on mostly unarmed Israelis by Hamas in October.

The Washington Examiner reports:

Judge crushes ATF AR-15 gun ban

A federal judge late Wednesday gave millions of gun owners breathing room when he slammed the Biden administration’s effort to ban a big slice of the AR-15 market.

U.S. District Court Judge Matthew Kacsmaryk blocked the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing its ban on AR-15 style “pistols” equipped with arm braces, calling the agency’s new rule unlawful.

“Public safety concerns must be addressed in ways that are lawful. This rule is not,” said the Trump-appointed judge.

The nine-page decision is the latest to challenge the ATF over its rule requiring millions of owners of braced guns to register the firearms and pay a $200 tax, or face 10 years in jail. Kacsmaryk’s decision is the most sweeping, covering the whole country.

At issue is the ATF’s rule issued earlier this year to ban the braces on the guns. The agency claims it turns a pistol into a dangerous rifle and supporters have cited how the weapons have been used in a handful of mass shootings.

However, for years before its ban, the ATF allowed the braces to be sold, and they have become so common that some estimate 40 million or more are in circulation, making the AR-style pistol one of the most commonly held firearms in the nation.

This tweet includes an image of the guns in question.

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Feds Threaten To Make It Harder For Medical Marijuana Patients To Get State Gun Permits In Arkansas

Arkansas’s recently enacted law permitting medical cannabis patients to obtain concealed carry gun licenses “creates an unacceptable risk,” and could jeopardize the state’s federally approved alternative firearm licensing policy, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) says.

The Arkansas law took effect in August, clarifying that a person’s status as a qualified patient in the state cannot be used “in determining whether an applicant is eligible to be issued a license to carry a concealed handgun.”

The policy change has apparently attracted the critical attention of federal officials at the Justice Department, The Arkansas Democrat-Gazette first reported. A letter sent by Marianna Mitchem, chief of ATF’s Firearms and Explosives Industry Division, to the operations director for the Division of Arkansas Crime Information this week said there are “public safety concerns” with the law.

Mitchem advised the state official that Arkansas has been previously notified that a condition of its alternative gun licensing scheme, which allows gun buyers to receive approval by the state without going through a federal background check, is that firearms cannot be purchased by a “controlled substance user.” In the eyes of the federal government, that includes medical cannabis patients.

The letter contained a veiled threat, stating that if the state department did not answer two specific questions, it would warrant a reevaluation of Arkansas’s alternative gun permit policy.

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ATF Agents Carrying Rifles Raid Oklahoma Gun Dealer’s Home, Confiscate Guns

As agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) left Russell Fincher’s house with 50 legally-owned firearms and his freshly relinquished Federal Firearms License (FFL), they offered him a tip.

“They said, ‘Tell all your FFL friends we’re coming for them next,’” Mr. Fincher told The Epoch Times.

An ATF spokesman said he could not comment on the June 16, 2023, raid at Mr. Fincher’s home in Tuskahoma, Oklahoma.

“We are not allowed to comment pertaining to ongoing investigations. I can assure you once we can discuss the case, you will be notified,” Ashley N. Stephens, resident Agent in Charge of the ATF’s Tulsa Field Office, wrote in an email to The Epoch Times.

According to Second Amendment advocacy groups, the raid indicates a coordinated effort by President Joe Biden’s administration to throttle legal gun sales to advance a gun control agenda.

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“Even One Firearm Sale” Could Land You In Jail Under Biden’s New ATF Rule

We hate to say we told you so, but it’s official. The Justice Department announced a new rule to amend ATF regulations and expand the definition of a firearms dealer to include those who sell even a single firearm. 

The original rumors of the rule suggested anyone who sold five or more firearms could have to register as an FFL and conduct background checks, however the official released version says selling even ONE FIREARM without a license would be illegal.🤯

— Gun Owners of America (@GunOwners) August 31, 2023

While earlier versions of the rule leaked to the public via the Biden administration’s allies in the corporate media hinted at a target of about five firearms sold without a license before requiring an individual to register as an FFL, the published rule seems more restrictive. Those who have sold or even “offer to engage” in a single transaction could be prosecuted for unlicensed activities.

That’s not all. The rule is also full of unclear language that gives ATF wiggle room to prosecute gun owners as they please. Examples of actions that ATF could use to define activity as operating as an unlicensed dealer are listed, but ATF notes that the list of examples is not exhaustive. This creates a system where gun owners must prove they are not dealers to be able to sell a firearm legally.

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