Cap'n Bob & the Damsel

Gun Grabbers

Proposed ATF Rule Threatens
Almost Anyone Selling A Gun

For the first time in American history, the federal government will require virtually every person who sells a gun privately to be a licensed gun dealer – and every person who buys one privately to register the sale with the federal government!

(Image: A Double whammy – either the “Punisher” or the Gadsden Snake will subject me to be put on an FBI “domestic terrorist” watchlist.)

As you know, gun registration is the first step towards confiscation and by becoming a licensed gun dealer, gun owners would be forced to submit to warrantless searches by ATF agents looking for even the slightest violations.

To make matters even worse, the ATF can throw the book at any gun owner who runs afoul of the new rule! If you sell a gun and the ATF determines you made a “profit,” you can be jailed for 5 years and fined $250,000!

Time is running out for comments against the proposed rule. The on-line comments form is at REGULATIONS.GOV. Go there and leave your comment in opposition to this bizarre (and unconstitutional) proposed rule. The comment period ends December 07, 2023, so just do it NOW. Copy and paste is OK.

The following are a couple of comments made by others in opposition to the NPRM:

From John Crump at Ammoland:

I strongly oppose the proposed rule that redefines who is “engaged in the business” of selling firearms. The new rule will burden American gun owners by creating a grey area where they can inadvertently break the law.

The new requirement circumvents Congress by creating a de facto universal background check rule. Congress has chosen to leave background check laws for private gun sales to the state governments. This rule will override the authority of the states with overburdensome federal regulations and strip state’s rights.

The regulation will not make us any safer. The vast majority of guns used in crimes are stolen. States that have enacted universal background checks did not see any reduction of crimes committed with firearms. I strongly encourage the government to work on real solutions to solve the epidemic of violent crime and stop using firearms as a scapegoat for failed policies.

From the Arizona Citizens’ Defense League (AZCDL):

1. ATF is wrong to suggest a single firearm sale—or no sale at all—might require a license. ATF’s rule does not specify a certain number of firearms sold but instead suggests that “even a single firearm transaction, or offer to engage in a transaction, when combined with other evidence, may be sufficient to require a license.”

However, the statutes enacted by Congress clearly do not intend to regulate the conduct of an individual who merely sells a single firearm. Instead, 18 U.S.C. 921(a)(11), (21), (22), and (23) contemplate regulating someone who “regular[ly]” and “repetitive[ly]” either (a) manufactures and sells or (b) purchases and resells multiple “firearms.”

2. ATF fails to protect unlicensed conduct exempted by Congress. Congress also expressly exempted “occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby.”

3. Wrongfully licensing constitutionally protected activity will lead to warrantless searches and additional constitutional violations. Selling a single firearm—which might make you a newly-minted gun dealer—could subject you to warrantless searches of your home and firearm collection. This is a clear violation of both the Second and Fourth Amendments, and runs totally contrary to the Supreme Court’s Caniglia decision in 2021, wherein the court ruled unanimously that warrantless searches for firearms as part of a “welfare check” is unconstitutional.

4. ATF suggests it might deny a license to applicants who the agency ordered to become licensed due to prior sales without a license. Catch-22!

5. ATF’s backdoor Universal Background Check includes Universal Firearms Registration. So-called “Universal Background Checks” are only enforceable with a gun registry. This rule proposes that private citizens be regulated by the federal government as gun dealers, forcing them to run background checks on every firearm transaction in a backdoor attempt to require private citizens to eventually turn over these registration papers (i.e. Forms 4473, Multiple Sales Reports, and Acquisition and Disposition logs). Failure to do so will be considered a federal crime. The Biden Administration described this as “moving the U.S. as close to universal background checks as possible without additional legislation.”

Again, the link to the regulations.gov page is here:

NPRM Comments Link

05 Dec 2023 by Beltway Kabuki Firearms Gun Grabbers Second Amendment

Braced Pistol Injunction

Image: Foxtrot Mike FM9B 9mm Braced Pistol

We have been following several of the unconstitutional edicts set forth by the Bureau of Alcohol, Firearms’, Tobacco and Explosives (ATF) for several years now. Of particular interest to us would be the ATF’s conversion (magically) of braced pistols to become short-barreled rifles (registered and taxable under the NFA), even though there are millions of these items in use by law-abiding Americans for lawful purposes.

After declaring that braced pistols are not Short Barreled Rifles (SBRs) in the past, the ATF suddenly (as prompted by the 2nd Amendment hating Biden administration) decided to enact a rule (not a law) to declare these pistols as SBRs in January of this year (2023). Since then, there have been several legal challenges to the rule. Recently, a Texas-based Federal District Court judge issued a nationwide stay preventing the ATF from enforcing its rule on pistols equipped with stabilizing devices.

From Ammoland:

The case, Britto v. ATF, challenged the “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces’” rule. The ATF created the regulation after an executive order by President Joe Biden directing the Bureau to deal with pistol braces. The ATF would reverse years of classification letters and revoke previous determinations issued to brace manufacturers.
The Britto case challenged the rule, claiming the ATF pistol brace rule violated the Administrative Procedures Act (APA). The plaintiffs felt the final rule wasn’t a logical outgrowth of the proposed rule. The proposed rule had a point system (ATF Form 4999) that helped individuals determine if their firearm would be considered a braced pistol or short-barreled rifle (SBR). Most of the comments during the public comment period addressed concerns with the form.

The bottom line is that the ATF and other law-enforcement agencies are enjoined from enforcing the rule for all braced pistols, nationwide. However, the fight is not over by a long shot since the ATF has unlimited tax plunder to continue fighting this ruling all the way to the Supreme Court. In the meantime though, we may all continue using our braced pistols in whatever manner we please.

It now seems to be a good idea to continue (or start) supporting those pro-2A organizations that are making these rulings possible:

Firearms Policy Coalition

Second Amendment Foundation

Gun Owners of America

National Association for Gun Rights

Look for the 501(c)(3) foundation of each of the above entities if you want your donations to be tax deductible. Thank you in advance for your support.

Damsel and I each have a special interest in this litigation process.

14 Nov 2023 by Firearms Gun Grabbers Second Amendment

Patriot’s Day — April 19th

248 years ago on this day, the American Revolution began. Damsel and I hoisted our flags today in honor of the commemoration of the beginning of the greatest country in the world — a Republic, if we can keep it.

The “secret orders” intention of the British was to arrest American Patriots and Confiscate Weapons and Ammunition — does that sound familiar?

From the Patriot Post – Mark Alexander’s Column:

On the evening of April 18, 1775, General Thomas Gage, acting as the Crown’s military governor of Massachusetts, dispatched a force of 700 British Army regulars with secret orders. These troops, under the command of Lieutenant Colonel Francis Smith, were to arrest 53-year-old Boston Tea Party leader Samuel Adams, Massachusetts Provincial Congress President John Hancock, and merchant fleet owner Jeremiah Lee.

But what directly tied Gage’s orders to the later enumeration in our Constitution’s Second Amendment assurance of the innate “right to keep and bear arms” was the primary mission of his Redcoat brigades. They were charged with undertaking a preemptive raid to confiscate arms and ammunition stored by Massachusetts Patriots in the town of Concord.

Patriot militia and minutemen, under the leadership of the “radical” Sons of Liberty, anticipated this raid, and the confrontations with British regulars at Lexington and Concord proved to be the fuse that ignited the American Revolution.

…

In the early dawn of April 19th, their oaths would be tested with blood. Under the command of 46-year-old farmer and militia Captain John Parker, 77 militiamen assembled on the town green at Lexington, where they soon faced Smith’s overwhelming force of seasoned British regulars. Parker did not expect shots to be exchanged, but his orders were: “Stand your ground. Don’t fire unless fired upon, but if they mean to have a war, let it begin here.”

And then, there was the shot heard around the world.

We, as the modern militia must not forget the lessons of the American Revolution: the intention of tyrants is to disarm us and then have their tyrannical ways with the masses. Evil entities wanting to disarm Americans is, unfortunately, still with us. All the unconstitutional anti-gun laws (which includes any gun laws) be damned.

“Stand your ground. Don’t fire unless fired upon, but if they mean to have a war, let it begin here.”

19 Apr 2023 by Arizona Gun Grabbers Patriotism Second Amendment

Labor Day 2021

Cardinal in Mesquite Tree

While the image above has nothing to do with it being a holiday, it reminds us of the constant array of natural wildlife that we observe here in our little corner of the Sonoran Desert. This is a male of the species Cardinalis Cardinalis or Northern Cardinal perched in our mesquite tree on the little hill behind our RV Drive. Click on the image to enlarge.

Back to the Labor Day topic – The holiday supposedly honors the work done by labor unions to improve life in America. Personally, I believe Americans in the workplace determined to do a good job, regardless of their affiliation with a union, are responsible for the success of our nation. During my careers in Aerospace, Electronics, Aviation and the Navy, we have observed good productivity regardless of the presence of a union in the workplace. Actually, my experience with unions has shown that productivity is decreased by some of their rigid rules in the workplace. YMMV.

goa-brace-feedback.jpgChanging the subject, have you made your comments in opposition to the ATF’s unconstitutional proposed rules for Pistol Stabilizing Braces? The Puppet in Chief’s flunkies have proposed to change the definition of sporting pistols with braces to “Short Barreled Rifles.” The rule, if adopted, would make up to 40,000,000 owners of Pistols to register them and pay the $200 NFA tax. Please go to this GOA website and make your comment in opposition to the rule. Note that while many are not affected by this rule change, that the ATF will likely continue down the path of making legal rifles and pistols similarly NFA items. This and the previously issued NPRM about homebuilt firearms cannot become enforceable. Just do it. The GOA site makes it a simple two minute job to oppose this unconstitutional rule. The QR Code at the right takes you to the GOA link.

In other news, I have been diagnosed with an inguinal hernia. I will be having that surgically repaired in a few days, so your thoughts and prayers are appreciated.

Meanwhile, the Labor Day festivities here will be including Grilled Tri-Tip Steaks while Damsel is providing the Baked Beans and ‘Tater Salad on the side. We hope you enjoy your holiday as much as we will enjoy ours.

05 Sep 2021 by Arizona Critters Gun Grabbers Holidays Notions

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