Posts Tagged ‘ATF’

“arbitrary or capricious,” without any doubt!

January 23, 2012
Federal Court Supports Illegal Obama Multiple Sales Regs
First, the good news: Fox News is reporting that due to an amazing outpouring of opposition, the vote on the so-called anti-piracy legislation — which could muzzle websites like GOA’s — has been postponed. Thank you all for your activism … and please stay tuned to further updates on this issue.
Now for the bad news: You know what they say about Friday the 13th.
Well, this past Friday, the U.S. District Court for the District of Columbia issued a setback to gun owners. The issue involved a lawsuit challenging Barack Obama’s illegal multiple sales regulations. [NSSF v. Jones, Acting Director, BATFE.]
Through those regulations, Obama has demanded, by regulatory fiat, that firearms licensees in four southwestern states report multiple sales of certain long guns to the federal government.
In upholding this action, Judge Rosemary Collyer -– a Bush appointee! –- ignored the Constitution, the Supreme Court’s decision in the Heller case, and the clear language of federal law.
Of course, this once again underscores the danger of putting all our eggs in the “court basket.” It’s not a bad idea to challenge unconstitutional measures in the courts, but it’s problematic if we look to them as being the ultimate defenders of our gun rights. Clearly, they are not.
Among other things, Judge Collyer ignored the obvious language of the 1986 McClure-Volkmer Act, which prohibits the ATF from demanding any information on gun owners other than information explicitly allowed by statute.
Specifically, the section states: “Such [licensees] shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by this section.” (18 U.S.C. 923(g)(1))
Paragraph (g)(5) allows the Attorney General to demand information by issuing a “demand letter,” but participants in the drafting of McClure-Volkmer affirm that this was not intended to trump the paragraph (1) limitation, in order to statutorily mandate reporting requirements.
To interpret paragraph (g)(5), as Obama and Attorney General Holder have interpreted it, is to say that there are NO limits on the information the Attorney General can demand -– up to and including every 4473 in the country.
In opening this door, Collyer cited much narrower decisions in the Fourth and the liberal Ninth Circuit, but expanded them beyond any judicial precedent. Citing a test that looked at whether the ATF’s action constituted a “clear error of judgment” or was “arbitrary or capricious,” Collyer gave all of the benefit of the doubt to Obama -– and none to the Second Amendment, which wasn’t even considered in her 21-page opinion.
The decision will presumably be appealed to the D.C. Circuit Court of Appeals -– a supposedly “conservative” circuit that nevertheless upheld ObamaCare.
But the larger issue is this: Congress can block these regulations by simply cutting off the money to implement them. Last fall, we demanded that the House include such a prohibition in its giant money bill. But congressional leaders ignored the Second Amendment community on this and a variety of other pro-gun issues, including defunding ObamaCare.
It is late in the game. But there is still an opportunity to prohibit funding for the multiple sales regulations on the annual Department of Justice Appropriations bill and the “continuing resolution” which will inevitably follow around September 30.
True, a lot of damage will have been done by that point. But we cannot allow to stand the precedent that the Attorney General can seize any and all gun-related information, simply by saying he wants it.

Push for Gun Control Treaty Continues

July 18, 2011

A UN committee wrapped up a week-long series of meetings on a massive treaty that could undermine both U.S. sovereignty and the Second Amendment.  This is the third round of meetings by the so-called “preparatory committee” on the Arms Trade Treaty (ATT) as the UN gears up for final negotiations in 2012.

The most comprehensive treaty of its kind, the ATT would regulate weapons trade throughout the world on everything from battleships to bullets.

And as information trickles out of Turtle Bay in New York City, it is obvious the UN is getting more clever about taking the focus off of “small arms.”

With an eye cast in the direction of the U.S.—in particular, toward the U.S. Senate which must ratify the treaty—the most recent Draft Paper for the Arms Trade Treaty recognizes in its preamble “the sovereign right of States to determine any regulation of internal transfers of arms and national ownership exclusively within their territory, including through national constitutional protections on private ownership.”

That statement, taken by itself, is troubling.  Americans’ right to keep and bear arms exists whether or not it is “recognized” by some UN committee.  The right enshrined in the Second Amendment predates our own Constitution, and does not need an international stamp of approval.

But the preamble aside, the scope of the treaty is what’s most damaging.  Though negotiations will continue for another year, some provisions are certain to be contained in the final draft.

The ATT will, at the very least, require gun owner registration and microstamping of ammunition.  And it will define manufacturing so broadly that any gun owner who adds so much as a scope or changes a stock on a firearm would be required to obtain a manufacturing license.

It would also likely include a ban on many semi-automatic firearms (i.e., the Clinton gun ban) and demand the mandatory destruction of surplus ammo and confiscated firearms.

Any suggestion that the treaty might not impact all firearms—right down to common hunting rifles—was thrown out the window after seeing the reaction to the Canadian government’s motion that hunting rifles be exempted from the treaty.

The Canadian representative caused a stir among the other delegates this week when he proposed that the treaty include the following language: “Reaffirming that small arms have certain legitimate civilian uses, including sporting, hunting, and collecting purposes.”

While Canadian gun owners were pleased with even the slightest movement by its government to protect gun rights, the proposed language is yet another indication that ALL firearms are “on the table.”

Feeble as it is, Canadian proposal was viewed as a major wrench thrown in the works, and had the anti-gunners crying foul.

Kenneth Epps is a representative with the Canadian anti-gun group known as Project Plowshares.  According to Postmedia News, Epps said Canada’s move is hampering efforts to forge a comprehensive global arms control regime.

Noting that there is little difference between a sniper rifle and a hunting rifle, Epps said, “The problem is that once you introduce exemptions, others will do the same.  It’s the thin edge of the wedge….From a humanitarian perspective, all firearms need to be controlled, and that’s the bottom line.”

Such statements are eagerly welcomed by the Obama administration.  Since it has been largely stymied in pushing gun control in Congress, U.S. negotiators will push the envelope as far as they can.

The U.S. Undersecretary for Arms Control and International Security, a key negotiator of the ATT, is anti-gun former Congresswoman Ellen Tauscher of California.  Tauscher said last year that her team at the State Department “will work between now and the UN Conference in 2012 to negotiate a legally binding Arms Trade Treaty.”

In 2009, newly confirmed Secretary of State Hillary Clinton reversed the position of the Bush administration (which voted against the treaty in 2008) and stated that “The United States is prepared to work hard for a strong international standard in this area.”

International standards, however, may not be the only, or even the primary, objective.  Former ambassador to the UN, John Bolton, observes that, “The hidden agenda of a lot of the people who sought to negotiate a small arms treaty really had less to do with reducing dangers internationally and a lot more to do with creating a framework for gun control statutes at the national level.”

Bolton explains that pressure from the groups agitating for the treaty—groups such as Amnesty International, Oxfam, and the International Action Network on Small Arms (IANSA)—is geared toward constraining the freedoms of countries that recognize gun rights.  “And specifically, and most importantly, [to] constrain the United States,” Bolton said.

Negotiators, from abroad and within the Obama administration, view arms control as  protecting human rights, rather than seeing civilian disarmament for what it is—the favorite tool of despots, dictators and tyrants to maintain power by engaging in mass murder and genocide.

And, perversely, in many instances those resisting an oppressive, genocidal regime would be held in the same light as criminals and terrorists and be legally prohibited under the ATT from purchasing weapons.

U.S. Senator Jerry Moran (R-KS) makes this point in a letter he drafted to President Obama: “[T]he underlying philosophy of the Arms Trade Treaty is that transfers to and from governments are presumptively legal, while transfers to non-state actors…are, at best, problematic.”

Sen. Moran’s letter, in which he is joined by other pro-gun Senators, warned that any treaty “that seeks in any way to regulate the domestic manufacture, assembly, possession, transfer, or purchase of firearms, ammunition, and related items would be completely unacceptable to us.”

U.S. freedom is clearly in the sights of the ATT.  The time to take action is now, before the treaty moves into final negotiations.

ACTION: Urge your Senators to oppose any UN effort to impose restrictions on the Second Amendment, and to sign on to Sen. Moran’s letter to President Obama in opposition to the ATT.

Click here to send your Senators a prewritten message.

Abuse Continues at BATFE

April 17, 2011

This is a bit dated, but still important. The BATFE is an out of control political hack that need to be dismantled. Any legitimate enforcement responsibilities of theirs should be taken over by the FBI.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) is entangled in yet another scandal.
The latest controversy involves Project Gunrunner.  The BATFE knowingly allowed firearms to get into the hands of Mexican drug gangs, instructing American gun dealers to go ahead with questionable—and even illegal—gun sales. When two of these guns wound up at the crime scene of a murdered Border Patrol agent, at least one U.S. Senator is calling the agency to task.
In addition, Gun Owners of America has written a petition to the Congress, urging that the BATFE be stripped of its jurisdiction over firearms.
The history of this agency is one marred in abuse of its power and the trampling of the rights of Americans. In fact, as far back as 1982, a Senate subcommittee noted that ATF “has trampled upon the Second Amendment by chilling exercise of the right to keep and bear arms by law-abiding citizens.”
Action: Please click here and follow the link to learn more about the recent outrage along the border, and sign a petition that will be delivered straight to your Representative and Senators asking them to rein in this unconstitutional agency.

Will Congress Lay the Groundwork for Gun Confiscation?

April 17, 2011
Within the next 90 days, Congress will vote on whether to reauthorize legislation to specifically allow the government potential access to millions of gun records (4473’s).
Historically, gun registration has been a prelude to gun confiscation.  Almost 20 years ago, JPFO (Jews for the Preservation of Firearms Ownership) documented how several foreign governments in the Twentieth Century had used gun control — and quite often gun registration — to confiscate firearms.  In each case, such gun confiscation was a prelude to genocide.
Currently in the United States, the 4473 forms that gun buyers fill out are stored at gun dealers’ shops.  But provisions in the PATRIOT Act (which sunset soon) specifically allow the FBI to seize these gun records under certain conditions.
We now have a unique opportunity to make sure these dangerous provisions expire — or to exempt gun records from the reach of the government.
Click here to see what you can do to protect our liberties!

Matt Mead: A clone of John McCain..?

August 31, 2010

The Republican nominee for Governor in Wyoming appears to be just another Republican in Name only. What the hell do we need that for?

CHEYENNE — Sen. John McCain says he is a supporter of the second amendment and proudly wears his endorsement by the NRA, even though he clearly joined gun grabber and Brady poster boy Mayor Bloomberg. You see, McCain was involved in a multi-state campaign against gun shows in an attempt to pass legislation he couldn’t get passed in his own state of Arizona.

Sadly and similarly Mead advertised he was a lifetime NRA member and gun collector and when questioned about fighting on the side of the feds in “BATF vs. Wyoming”, Mead shrugged it off as questionable information by “some blogger that refused to speak with him”. The truth is this is the first documented lie in his campaign.

As the Director of Wyoming Gun Owners I spoke with him not just once but two times. And so you know, Mead told me “he was just doing his job”. Certainly Mead wanted this withheld from the campaign trail and said anything but the truth to cover it up, so much for “integrity”.

When it comes to spending, Senator John McCain has out spent his rival spending more than $20 Million, that’s six times more than his opponent.

Again, similarly here in Wyoming Matt Mead spent a record amount of his money, a whopping 81% (that’s about $900,000) of his reported campaign finance came out of his own pocket. How do you spell D.C. style politics?

There are other similarities between Mead and McCain including statements that are designed to communicate to a more conservative base, even though past history reveals they were personally committed to a more liberal base.

Although widely unreported this moderate stance of Matt Mead is even more evident in how he was elected to office. There was an estimated “switch-voting” of up to nine thousand votes. In case you don’t know what this is, it is where Democrats changed their party affiliation at the polls so they could vote for the most liberal Republican candidate, in this case Matt Mead was the beneficiary. A Liberal state employee blogger mentions it here in – At the polls, Democrats are switching over in large numbers.

Another fact, the newspaper that endorsed Barack Obama went out of their way to stump for Matt Mead and after the elections many Democrat voters echoed the Casper Star Tribune endorsement saying, Mead would be most like Freudenthal.

Did I mention Obama-Care is now even closer?

I’m going to end with this, if the people of Wyoming want so much to keep Freudenthal and his policy of licking the boots of the federal government, why didn’t they suggest removing his term limits? I’m just saying….

Related Articles:

Matt Mead for governor, plagued by anti-gun past

Matt Mead for governor, the next liberal champion to be adored by the media

The NRA endorses anti-gun McCain


Be sure to check the comments at the sourced page folks!

House Vote On Anti-gun ObamaCare‏

March 18, 2010

House Vote On Anti-gun ObamaCare Scheduled For This Weekend!

Gun Owners of America E-Mail Alert
8001 Forbes Place, Suite 102, Springfield, VA 22151
Phone: 703-321-8585 / FAX: 703-321-8408

ACTION: The anti-gun health care issue may very well be decided this week.  Even if you have already called, faxed or e-mailed your congressman, it is imperative that you do so one last time.  Please see contact information and suggested letter/talking points below.

Tuesday, March 16, 2010

This is gun owners’ last shot (so to speak) at saving the country from the worst piece of legislation that we’ve seen in years.

Make no mistake about it:  The pivotal vote in the House will be — directly or indirectly — on whether to adopt the corrupt and discredited Senate ObamaCare bill verbatim.  And the votes are being corralled by Obama and Pelosi through a new round of bribes, threats, and corruption.

Consider what has been implanted in the bill which will be voted on in the House this week.

1. Restrictions upon gun owners. The Senate-passed version would allow the ATF to troll your confidential medical records in order to take guns away from potentially tens of millions of Americans.  The “individual mandate” (in Sections 1501 and 1502) will make it impossible for you to keep private, medical information out of the government-controlled medical database that was created in last year’s stimulus bill.

2. Bribes, bribes, bribes. The bill your Representative will be voting on still contains virtually all of the bribes that made the Senate version such a disgusting spectacle.  This includes:

* Mary Landrieu’s $300,000,000 “Louisiana Purchase;”

* A broadened version of the nauseating “Cornhusker Kickback” to get Nebraska Senator Ben Nelson’s vote;

* The roughly $10 BILLION (with a “b”) bribe to Vermont Senator Bernie Sanders for clinics which could well be run by ACORN and Planned Parenthood;

* The $100 million Connecticut “Hospital Handout” bribe to corrupt Senator Chris Dodd; and

* The $300 million Libby, Montana, asbestos bribe.

3. Unconstitutional mandates. According to the Congressional Budget Office, the bill to be voted on this week would increase the cost of private insurance by 10-13% over what it would be if Congress did nothing — and require, under penalty of imprisonment, that you buy it.

4. Corrupt procedures. House Speaker Nancy Pelosi (D) and Senate Majority Leader Harry Reid (D) plan to ram this bill through the Congress and onto the President’s desk using cheat schemes called “reconciliation” and “self-executing rules.”   This is nothing other than a slimy attempt to ignore the will of the people, who according to the latest polls, overwhelmingly oppose this legislation:

* Under “reconciliation,” any language qualifying for special Senate procedures had to have been reported out of committee by October 15, 2009.  As of March 15, 2010, the language was still not available, even though the House Budget Committee voted to approve the non-existent draft.

* Under the Senate rules, these special procedures can be used only to reduce the deficit.  Once you discount the accounting tricks and fraud that Reid and Pelosi are employing, ObamaCare would INCREASE the deficit by half a trillion dollars over the first ten years.

* Despite Obama’s lies, “reconciliation” has never been used for non-budgetary issues which do not reduce the deficit.

* Now, House Rules Committee Chairman Louise Slaughter (D-NY) is proposing a plan (which has been approved by Pelosi) to “deem” ObamaCare passed without having the House vote on it.  Read more about this plan at .

According to news reports, the phones are ringing off the hook on Capitol Hill.  Estimates as to how close Pelosi is to delivering the votes vary widely.  But Rep. Bart Stupak (D-MI), who opposes the bill on grounds that it would allow for taxpayer funding of abortions, says he thinks Pelosi is about 16 votes away.

Please take action now!

WHERE DOES YOUR REPRESENTATIVE STAND ON HEALTH CARE? You can go to two URLs to get the latest updates on where your Representative stands.  Please see:




Phone:  toll-free at 877-762-8762 or 800-965-4701; or call the regular number at 202-225-3121

E-mail: Visit the Gun Owners Legislative Action Center at to send a pre-written message to your Representative.

—– Pre-written letter and talking points —–

Dear Representative:

I am writing you with one final plea to vote against the Senate’s corrupt and bribe-laden ObamaCare bill.

Despite the fact that the Senate tried to allay gun owners’ concerns, the Senate bill would still allow the ATF to troll the confidential medical records in order to take guns away from potentially tens of millions of Americans.  This is because the “individual mandate” in Sections 1501 and 1502 of the Senate-passed bill would make it impossible for people to keep private, medical information out of the government-controlled medical database that was created by the stimulus bill.

The process that put together this Senate bill has been marked with bribes (such as the Cornhusker Kickback, the Louisiana Purchase, etc.), by unconstitutional mandates and by corrupt procedures.  As to corruption, any rules vote on your part which “deems” ObamaCare as passed will be held in the greatest contempt by your constituents.

You represent my state, not the “state of Nancy Pelosi.”  Americans overwhelmingly oppose this legislation.  Please — please listen to your constituents and vote against ObamaCare.


Rogue Agency plagues the good guys…

May 9, 2008

A rogue agency, whose very mission was to interfere with the rights of American citizens was, during the Clinton Days given a legitimate mission, later was merged with the good guys. You know, the F.B.I. Well, it appears that they still find it impossible to play well with others. From the folks that brought you Ruby Ridge and the holocaust at Waco we have them acting like cocaine gang bangers involved in a turf war.

Here’s what I think. Get rid of everyone of them, and turn over any duties that they are rightfully performing to the Federal Bureau of Investigation.

In the five years since the FBI and ATF were merged under the Justice Department to coordinate the fight against terrorism, the rival law enforcement agencies have fought each other for control, wasting time and money and causing duplication of effort, according to law enforcement sources and internal documents.

Their new boss, the attorney general, ordered them to merge their national bomb databases, but the FBI has refused. The Bureau of Alcohol, Tobacco, Firearms and Explosives has long trained bomb-sniffing dogs; the FBI started a competing program.

At crime scenes, FBI and ATF agents have threatened to arrest one another and battled over jurisdiction and key evidence. The ATF inadvertently bought counterfeit cigarettes from the FBI — the government selling to the government — because the agencies are running parallel investigations of tobacco smuggling between Virginia and other states.

~snip~ four more pages*

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