At direction of Biden, ATF is drawing up new regulation to prohibit private sales

[Suck My Glock]

https://nypost.com/2024/01/31/news/bide ... leblowers/

WASHINGTON — A watchdog group is demanding documents from the Biden administration after whistleblowers alleged that a regulation is under development that would effectively ban private gun sales.

The group, Empower Oversight, said Wednesday that two sources have claimed that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is preparing to propose a rule requiring background checks for most or all gun sales.

President Biden has campaigned for stricter gun laws and in August proposed a regulation to clarify that people who “repetitively” sell guns must register as federally licensed gun dealers subject to background checks.

The revised rule purportedly being crafted by the ATF would be even broader, Empower Oversight president Tristan Leavitt said in a series of posts on X.

Empower Oversight “has learned through whistleblowers within ATF that at the direction of the White House, ATF has drafted a 1,300-page document to justify a rule effectively banning the private sale of firearms,” Leavitt wrote.

“The whistleblowers say the rule is being drafted by Senior Policy Counsel Eric Epstein, who worked as the Phoenix Field Office’s Division Counsel during Operation Wide Receiver (a precursor of Operation Fast and Furious).”

Leavitt added: “Such a sweeping rule with the effect of banning private sales would clearly violate the Second Amendment to the United States Constitution, which declares that ‘the right of the people to keep and bear Arms, shall not be infringed.'”

Empower Oversight sent a Freedom of Information Act request Wednesday to the Justice Department and ATF seeking additional information, including communications with the White House and any Epstein emails involving the alleged plan.

Federally licensed dealers must conduct background checks by entering gun-buyer information into the FBI’s National Instant Criminal Background Check System (NICS).

Although the precise wording of the pending proposal wasn’t released, the whistleblower concern stems from the fact that some sellers might be unable to easily access NICS or unaware of the need to do so, putting themselves in legal jeopardy.

The ATF already has interpreted a 2022 bipartisan gun law enacted after a mass shooting at a Texas elementary school as expanding who must register as a federally licensed dealer to include people who repetitively sell guns “to predominantly earn a profit.”

Previously, the registration only applied to sellers who had “the principal objective of livelihood and profit.”

It’s unclear what carveouts — such as for family gun transfers — may be included in the alleged pending ATF regulation, which would have to undergo a public notice and comment period.

It also is unclear what would become of the current proposed regulation that would ratify the ATF’s interpretation of the bipartisan reform law.

The public comment period for that rule ended Dec. 8 — with more than 370,000 contributions.

[campinginaz]

Pretty scary and crazy. A 1,300 page document is a ridiculous waste of time and tax dollars.

The government shouldn't restrict a private citizen from selling their personal belongings. Some people are struggling and have to sell personal belongings to make ends meat.

[1bardan+]

So since a private sale is supposed to have a nics check and a CCW is a nics completed for the valid time frame, does seeing a CCW complete the requirement for a private sale?

[Lobo2087]

This is NOT about preventing deaths, this is NOT about mental health. This is simply about controlling the narrative. I am a former Peace Officer. We would arrest people for violent crimes and they would beat us home.

We have laws to severely punish and deter violent crime but we don't punish it. We justify, and artfullly word why little johnny is a jerk. We don't snatch a knot in his butt and show all the other little Johnnies why you can't be a jerk.

Numbers show in 2023
IN CALIFORNIA ALONE 200000 collisions were due to DUI, over 4000 people killed because of it and more than a quarter million injured - let's outlaw alcohol? Drugs? Why not .. follow the money

In 2023 NHTSA shows there were over 42000 deaths due to AUTOMOBILE COLLISONS - are we outlawing automobiles?

OVER 10 MILLION animals die from animal cruelty a year - are we background checking pet owners?

Over 400 children die each year due to a parent- are we registering parents?

Medical errors result in over 250000 deaths

Gun deaths in the US were around 42000, only 35% of that was attributed to Homicide.

Push for severe punishment involving violent acts. That is your deterrent not simply changing or legislating the tool. PUNISH IT, why don't you touch a hot stove? Because it will punish you.

Stop wringing your hands over the tool. Address the act. And for goodness sakes don't give up your freedoms in the hopes government protect you. A senator makes around 174000 a year and the president 400000 and they come out the other end of a PUBLIC SERVICE career a millionaire or billionaire. People really think they are there for them?

[kenpoprofessor]

This is NOT about preventing deaths, this is NOT about mental health. This is simply about controlling the narrative. I am a former Peace Officer. We would arrest people for violent crimes and they would beat us home.

We have laws to severely punish and deter violent crime but we don't punish it. We justify, and artfullly word why little johnny is a jerk. We don't snatch a knot in his butt and show all the other little Johnnies why you can't be a jerk.

Numbers show in 2023
IN CALIFORNIA ALONE 200000 collisions were due to DUI, over 4000 people killed because of it and more than a quarter million injured - let's outlaw alcohol? Drugs? Why not .. follow the money

In 2023 NHTSA shows there were over 42000 deaths due to AUTOMOBILE COLLISONS - are we outlawing automobiles?

OVER 10 MILLION animals die from animal cruelty a year - are we background checking pet owners?

Over 400 children die each year due to a parent- are we registering parents?

Medical errors result in over 250000 deaths

Gun deaths in the US were around 42000, only 35% of that was attributed to Homicide.

Push for severe punishment involving violent acts. That is your deterrent not simply changing or legislating the tool. PUNISH IT, why don't you touch a hot stove? Because it will punish you.

Stop wringing your hands over the tool. Address the act. And for goodness sakes don't give up your freedoms in the hopes government protect you. A senator makes around 174000 a year and the president 400000 and they come out the other end of a PUBLIC SERVICE career a millionaire or billionaire. People really think they are there for them?

I agree wholeheartedly with what you wrote, thank you for putting this in perspective. Sadly, our prohibition of "cruel and unusual" has become "let them walk". We need to put into law what would be considered "cruel and unusual", or, send it to the courts.

Have a great, gun carryin', Kenpo day

Clyde

[pneuby]

So since a private sale is supposed to have a nics check and a CCW is a nics completed for the valid time frame, does seeing a CCW complete the requirement for a private sale?

In my most recent brow-beating by ATF, the agent basically said 'NO'. I'll paraphrase
his 'reasoning'.

The permit only covers a person UP-TO such time as the State
runs his/her history. The party could have cases pending, or convictions be
ascribed them after it issues. The holder could be engaging in all manner
of suspect behavior. Random State audits of permitees are not comprehensive.

He explained that cops (meaning city and S.O., certainly not Saintly Feds) do bad-ju-ju also.
The badge is not automatically a 'good-guy' card anymore than a CCW is. Similar B.S.
reasoning was repeated.

Edited to add:
Basically, they want everyONE on a 4473. It makes traces easier. It makes their internal, secret-squirrel registration process easier. At such time as confiscations may become reality...well....there you go.

[Cbvanb]

So since a private sale is supposed to have a nics check and a CCW is a nics completed for the valid time frame, does seeing a CCW complete the requirement for a private sale?

In my most recent brow-beating by ATF, the agent basically said 'NO'. I'll paraphrase
his 'reasoning'.

The permit only covers a person UP-TO such time as the State
runs his/her history. The party could have cases pending, or convictions be
ascribed them after it issues. The holder could be engaging in all manner
of suspect behavior. Random State audits of permitees are not comprehensive.

He explained that cops (meaning city and S.O., certainly not Saintly Feds) do bad-ju-ju also.
The badge is not automatically a 'good-guy' card anymore than a CCW is. Similar B.S.
reasoning was repeated.

Edited to add:
Basically, they want everyONE on a 4473. It makes traces easier. It makes their internal, secret-squirrel registration process easier. At such time as confiscations may become reality...well....there you go.

I know where the ATF is coming from on their attitude, but correct me if I’m wrong. New charges or an arrest won’t show up on NICS either. And, how long does it take for a criminal conviction to be entered into a NICS database? The fact that they won’t trust other LE betrays their “us against everyone else” mentality. They want full registration and this is how they intend to get it.

[1bardan+]

Ok. It’s not shown up yet as published in the federal register. Then it takes effect in 30 days.