Extremely important is everyone that is concerned about 2nd amendment protections against government infringements on lawful constitutional firearms purchases possession and ownership as well as ammunition and self- defense should download read and comment on this problematic NPRM.
I downloaded the newly proposed ATF rule from the federal register ATF Docket No. 2022R-17 AG Order No. RIN 1140-AA58 which was the result of the BSCA Bipartisan Safer Communities Act and Executive Order 14092 reducing gun violence and making our communities safer. Moreover, in order to implement the BSCA President Biden issued Executive Order 14092 “requiring the US AG to report on actions taken to implement the BSCA, and to develop and implement a plan to clarify the definition of who is “Engaged in the business” as a dealer in firearms and thus required to become FFLs in order to increase compliance with the federal background check requirement for firearms sales, including by considering a rule making as appropriate and consistent with applicable law and prevent FFLs whose licenses have been revoked or surrendered from continuing to engage in the business of dealing in firearms”.
Although, utmost in importance is reducing gun violence thus making safer our communities and thus the citizenry of the U.S.A. safer.
Nonetheless, I have concerns about the proposed rule as published including briefly. 1. U.S. Senator Murphy made a statement pertaining to the BSCA that was published in the notice of proposed rule making 27 CFR Part 478 definition of engaged in the business as a dealer in firearms 2022R-17 ATF 1140-AA58 Senator Murphy “We clarify in this bill (referring to BSCA) the definition of a federally licensed gun dealer to make sure that everybody who should be licensed as a gun owner is” My question? Will gun owners be required to be federally licensed in some way resulting from proposed rule finalization?
Additionally #2 Not one mention of firearms for the purposes of self defense was written in the notice of proposed rule making 2022R-17 ATF 1140-AA58. But, consequently there is an added definition to 27 CFR 478 which is personal collection of firearms, i.e. personal firearms collection, i.e. personal collection-personal firearms that a person accumulates for study, comparison, exhibition or for a hobby(e.g. noncommercial recreational activities for personal enjoyment such as hunting or skeet target or competition shooting). (?What about self defense?)
#3. Rebuttable presumptions are delineated in the proposed rule that could make criminals of and convict innocent people of firearms crimes. My point, although ATF clearly states rebuttable presumptions delineated in the proposed rule are for civil and administrative proceedings not for criminal proceedings nonetheless ATF likewise states those same rebuttable presumptions could be useful in criminal trials as jury instructions permissible inferences. Almost like saying guilty until proven innocent instead of innocent until proven guilty. Well known rebuttable presumptions in U.S. Innocent until proven guilty. Sane until proven insane. Rebuttable presumptions are presumed as fact absent reliable proof to the contrary. Furthermore, you don’t have to sell a single firearm just represent or demonstrate the willingness and ability to. I thought I would briefly share some of the concerns I have regarding proposed rule.
Great post. When did we ever hear a politician, encourage people to arm themselves and learn how to protect themselves. This is not about politics. Everyone thinks they can vote there way to safety. Once we encourage people to be armed and learn to protect and others, they will start voting for politicians that will encourage it. It doesn’t work the other way. We have our 2A rights. We all saw what happened in Israel. It will happen here if we are not armed. I am not trying to spread fear. I know it won’t be easy. It has to be done if we want to survive. The writing is on the wall.
It would be helpful to post the link for the public to post comments in the Notice of Proposed Rulemaking (NPRM). While the ATF has probably already decided what it wants to do in this NPRM, the way NPRMs work is that a proposed rule must be posted and public comments solicited. The issuing agency must address those comments in any final rule pronouncement.
If the public can submit comments, and people are interested in submitting comments, I suggest something as simple as this …
"The 10th Amendment provides:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
The power to regulate commerce in firearms is not delegated by the Constitution to the ATF, the Department of Justice or any federal agency. Thus, the ATF lacks the authority to engage in this proposed rulemaking."
If the people won’t let them. They won’t be able to anyway. We need more people not to let them. Any ideas? Power to the people. Right on.
If we can get more people to own firearms and learn how to use them to protect them selves and others, they will not vote for politicians that won’t support our second amendment rights. We can kill two birds with one stone.
I mean two mice with one stone. Well anything but birds.
“The people” need to encourage and support decent people to step out of their private lives and endure a run for political elected office because it is only elected officials who can put an end the practice of “legislation via rulemaking.”
In the world in which we live where the majority of Americans are too lazy to color in a bubble on a ballot mailed to their homes, a decent person emerging to run for office is probably magical thinking. So what we are left with is submitting comments in a rulemaking in hopes that the ATF will read them and take them to heart.
With the current state, the world is in being armed seems like the obvious thing to do. If we can get people that don’t want to lose their rights we can encourage politicians that will support our rights and they will get elected. They won’t be afraid to run if they know they will win if we support them.