ATF ruling about ruling

[Djcala]

Here is another memo of clarification which clarifies nothing for you all to decode just prior to receipt of a memo rescinding this one et al... Ad nauseum
https://www.recoilweb.com/atf-decla...ications-on-accessories-submitted-144230.html

 

[dieselmudder]

Well, dont send anything attached to something you're not willing to not get back

Sent from my SM-J727V using Tapatalk

 

[John A.]

I've known that this has been coming down the pike for some time now.

I have several friends who have to submit items to them for determination in order to be able to legally sell them (uppers and such)

They have for some time now (at least since late spring or early summer) been saying that if they do not specifically test a particular combination of parts (front grip installed or omitted with the sample for instance) than they could not determine if it was legal for them to make it in that configuration.

They have even been so bold as to say if any change is made, even the physical composition of the product, they would want to reevaluate it. Meaning, if the prototype was sent in 3d printed plastic but the actual product for sale was made from machined aluminum, that their approval was basically voided at that time and the manufacturer would have to resubmit another sample exactly as it is sold.

I think this has to fall back on a lot of things.

One huge one being the ATF's historical background of saying something is legal and then changing its' mind about a particular item.

A few things off the top of my head have been Akins Accelerator stocks (with springs). And most recently, bump stocks, which still should not fall under NFA criteria based on the actual wording of the law based on knowing exactly how they function, but I digress.

So, this is a lot of the ATF covering its' own tail.

Another big thing this is going to do is put an even greater burden of proof on consumers in the end. I know that I personally have a tech branch letter from several years ago about the legality of something specific.

And I've known for a while now that they've stopped answering letters altogether even if they include photographs and measurements, etc. because over a year ago, I mailed a letter to ask a specific question, which went unanswered entirely.

This is both a blessing and a curse since the ATF seems to change their opinions frequently and depending on who you ask even more often. But since many atf determinations hold the rule of law by congress allowing them essentially full control over what they determine to be lawful, does further degrade the citizens ability to say "this is legal" and opens up "plausible deniability" to the entire legal system.

If the atf is not going to issue determinations as to what is legal, the atf should have no say in what is or isn't legal. But don't hold your breath to that ever happening.

 

[Pawpaw]

The ATF, and a lot of other alphabet agencies, may soon have their teeth pulled.

SCOTUS Agrees To Hear Case That May Ultimately Undermine ATF Power

Recently, there has been a push from some quarters to reconsider Auer deference, Chevron deference, and other aspects of the modern administrative law state, and overturn them as being inherently unconstitutional; specifically, that such deference to bureaucratic decisions violates the required Separation of Powers.

Were that to happen, the current administrative state would be rocked to its core. While there have been some rumblings from Justice Thomas and others in this regard, there did not appear to be a majority on the Supreme Court interested in potentially unleashing this kind of political earthquake. (Scalia and Kennedy were, at best, squishy on the issue.)

Today, however, the Supreme Court granted cert in a case, Kisor v. Wilkie, that specifically challenges whether Auer deference is constitutional. With the addition of Justices Gorsuch and Kavanaugh — both of whom have expressed reservations about the current state of administrative law — there may now indeed be the five votes needed to begin to undo the decades-long abdication of power to the vast federal bureaucracy, including BATFE.