That argument isn't so clear cut. Congress has already required the reporting of multiple handgun sales under 18 U.S.C. § 923(g)(3)(A) - this is clearly a statutory requirement. The ATF is claiming they can demand reports of multiple longgun sales under 18 U.S.C. § 923(g)(5)(A) which reads:
That subsection generally allows the ATF to demand any records they want, usually for purposes of some specific investigation they are carrying out. What is new here is that the ATF is using that authority for a fishing expedition that involves thousands of FFLs.Each licensee shall, when required by letter issued by the Attorney General, and until notified to the contrary in writing by the Attorney General, submit on a form specified by the Attorney General, for periods and at the times specified in such letter, all record information required to be kept by this chapter or such lesser record information as the Attorney General in such letter may specify.
To me this looks like a slippery slope. If the ATF can demand that many records as part of a general investigation into "gun trafficking" then what is to stop them from demanding ALL records and basically building a database of all FFL-based gun transactions?
Anyway, before this gets too long winded, my point is to make a distinction between multiple long-gun reporting and the idea of hypothetically redefining magazines as NFA destructive devices. The requirement for multiple long-gun reporting is a novel use of an existing statute. "Destructive devices" have a very clear statutory definition that cannot have things arbitrarily added to it. There is simply no way that the executive branch can add magazines to the definition of "destructive devices", although I'm not putting past them to find some other way to dick with magazines.
My biggest concern is what they can do to imports. It didn't even require a formal Executive Order, and Chinese guns and ammunition are still prohibited twenty years after Clinton acted. How cheap would ammunition be now if Chinese factories were still pumping the below out like they used to?
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Last edited by Ingman; 01-15-2013 at 06:35.
The part about LE or a medical professional being allowed to "determine" if you are unsuitable to be in possession of a firearm including confiscation itself is tantamount to gestapo tactics. It will only take 1 perhaps 2 east coasters who feel they have nothing to lose, to look for confrontation.
They have gone full tilt in ny.
Last edited by Great-Kazoo; 01-15-2013 at 21:13.
The Great Kazoo's Feedback
"when you're happy you enjoy the melody but, when you're broken you understand the lyrics".
Actually Bush 1 enacted the import ban which led to PC t/hole furniture, neutered rifles and no russian or chi-com ammo. Clinton just solidified the law. At 1 point (once again history repeating) 7.62x39 was running $400+ per case. That embargo of com bloc ammo in turn gave us a plethora of SA mfg ammo.
The Great Kazoo's Feedback
"when you're happy you enjoy the melody but, when you're broken you understand the lyrics".
The 1986 FOPA, which expressly forbids the Federal Government from maintaining a database of non NFA guns or gun owners.
Last edited by Zundfolge; 01-15-2013 at 09:38.
Modern liberalism is based on the idea that reality is obligated to conform to one's beliefs because; "I have the right to believe whatever I want".
"Everything the State says is a lie, and everything it has it has stolen.
-Friedrich Nietzsche
"Every time something really bad happens, people cry out for safety, and the government answers by taking rights away from good people."
-Penn Jillette
A World Without Guns <- Great Read!
Self control: The minds ability to override the body's urge to beat the living sh.. out of some ass.... who desperately deserves it.
The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
Thomas Jefferson
Obama, so full of crap it is a miracle Air Force One can even get off the ground,
What is my joy if all hands, even the unclean, can reach into it? What is my wisdom, if even the fools can dictate to me? What is my freedom, if all creatures, even the botched and impotent, are my masters? What is my life, if I am but to bow, to agree and to obey?
-- Ayn Rand, Anthem (Chapter 11)
Modern liberalism is based on the idea that reality is obligated to conform to one's beliefs because; "I have the right to believe whatever I want".
"Everything the State says is a lie, and everything it has it has stolen.
-Friedrich Nietzsche
"Every time something really bad happens, people cry out for safety, and the government answers by taking rights away from good people."
-Penn Jillette
A World Without Guns <- Great Read!