https://www.foxnews.com/politics/atf-whistleblowers-sound-alarm-biden-admin-proposal-effectively-bans-private-gun-sales-report https://news.yahoo.com/atf-whistleblowers-sound-alarm-biden-195731977.html ATF whistleblowers sound alarm on Biden admin proposal that effectively bans private gun sales: report
Watchdog group says alleged ATF proposal would 'go after law-abiding citizens for private' gun sales
By Emma Colton , William La Jeunesse Fox News
Published February 1, 2024 2:57pm EST
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Former ATF official: This is payback from Biden administration
Whistleblowers at the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are sounding the alarm on a reported 1,300-page draft document that allegedly justifies a proposed rule that would effectively ban private gun sales, according to a watchdog group.
"The fact that inside ATF sources are blowing the whistle on this draft rule is an indication of what a difficult position it would put the ATF in. ATF agents did not sign up to go after law-abiding citizens for private sales protected under the Second Amendment of the Constitution," Tristan Leavitt, president of watchdog group Empower Oversight, said in a press release Wednesday.
The group sent a letter to Attorney General Merrick Garland and ATF Director Steven M. Dettelbach on Wednesday morning to demand answers and documents about whistleblower claims that the agency is preparing to propose a rule requiring background checks for most, or even all, gun sales.
The letter details that the group learned through "two sources in the ATF that at the direction of the White House, the ATF has drafted a 1,300-page document in support of a rule that would effectively ban private sales of firearms from one citizen to another by requiring background checks for every sale."
Anonymous
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NRA TORCHES BIDEN ADMIN FOR PLAN TO CHANGE RULES FOR GUN BUYERS, SELLERS ATF Agent ATF whistleblowers say the agency drafted a 1,300-page document that would effectively ban private gun sales. (Scott Olson/Getty Images) The letter comes after the Biden administration advocated for stricter gun control, including in August when the ATF introduced ATF2022R-17. Otherwise known as "Definition of ‘Engaged in the Business’ as a Dealer in Firearms," that proposed rule would amend the agency’s regulations and incorporate provisions of the Bipartisan Safer Communities Act, a gun control law signed by President Biden in 2022. BIDEN VOWS TO BAN ASSAULT WEAPONS 'COME HELL OR HIGH WATER' Garland announces charges against Russian fighters Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein) The watchdog reported that the current draft document is reportedly being overseen by Senior Policy Counsel Eric Epstein, who previously worked as the Phoenix field office’s division counsel in a precursor operation to "Fast and Furious." "Such an expansive rule that treats all private citizens the same as federal firearms licensees would circumvent the separation of powers in the Constitution, which grants ‘all legislative Powers’ to Congress while requiring that the President ‘take Care that the Laws be faithfully executed.’ To the extent such a rule prevents the private sale of firearms, it would also 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,’" Leavitt wrote. BIDEN'S PROPOSED BUDGET WOULD THROW BILLIONS AT ATF AMID CONTROVERSIAL NEW GUN OWNERSHIP RULES
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Peter J. Forcelli, retired deputy assistant director of the ATF, told Fox News that he doesn’t necessarily disagree with a rule requiring Americans to go through the federal firearms license process to sell a gun to a family member or friend, but he also noted that "the reality is bad guys still get guns." "People will now have … an additional step and utilize a licensed gun dealer to make those transactions if this comes into play," Forcelli told Fox News’ William La Jeunesse. "... We have a problem with violent crime in the country right now. We have a lot of individuals who are misusing firearms that are not being prosecuted. And I think that this director's time would be better served by pressuring those United States attorney's offices that aren't doing their job to go out there and effectively prosecute cases involving violent criminals." VA gun store Customers shop at a gun store in Virginia. (Samuel Corum/Anadolu Agency/Getty Images) When asked for comment on the watchdog group’s letter, the ATF directed Fox News to information on the Bipartisan Safer Communities Act. "The Bipartisan Safer Communities Act (BSCA), enacted June 25, 2022, amended the definition of engaging in the business of dealing in firearms to include all persons who devote time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and sale of firearms," the ATF said in comment. BIDEN SIGNS GUN CONTROL BILL IN WAKE OF DEADLY MASS SHOOTINGS: ‘LIVES WILL BE SAVED’ "The proposed rule would amend the regulations applicable to the Gun Control Act by, among other things, conforming those regulations to the new BSCA definition and clarifying the conduct that presumptively requires a license under the amended definition," the statement continued, adding that "unlicensed dealing undermines the public-safety measures required for" federal firearm licensees.
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Biden in Wisconsin
President Biden. (Screenshot/Biden speech)
The watchdog group’s letter is demanding records and communications about the plan, including from the White House and Epstein.
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"The lessons of the Ruby Ridge and Waco standoffs should make clear that attempting to enforce such an expansive regulation could endanger countless ATF field agents who are forced to serve as the face of the Biden Administration in going after private firearms owners for constitutionally-protected firearms sales," the letter adds.
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https://news.yahoo.com/atf-whistleblowers-sound-alarm-biden-195731977.html Biden Reportedly Is Planning To Unilaterally Mandate Background Checks for All Gun Sales
Jacob Sullum
Thu, February 1, 2024 at 1:35 PM EST·7 min read
3k
President Joe Biden
Shawn Thew/UPI/Newscom
Nearly a year ago, President Joe Biden issued an executive order aimed at "increasing the number of background checks conducted before firearm sales, moving the U.S. as close to universal background checks as possible without additional legislation." According to the watchdog group Empower Oversight, which cites two unnamed "whistleblowers" at the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the agency is working on regulations that would go all the way, purporting to require background checks for all private gun sales. It is hard to see how the ATF can do that "without additional legislation."
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Under current federal law, background checks are required only for sales by federally licensed dealers. A rule that the ATF proposed last September would expand the definition of "dealer" to encompass some but not all occasional gun sellers. But even that controversial proposal does not go as far as the plan described by Empower America's sources, who say "the ATF has drafted a 1,300-page document in support of a rule that would effectively ban private sales of firearms from one citizen to another by requiring background checks for every sale." Federal law defines a gun dealer as someone who is "engaged in the business of selling firearms," which until 2022 was defined as "devot[ing] time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms." The 2022 Bipartisan Safer Communities Act (BSCA) excised "with the principal objective of livelihood and profit" and replaced it with "to predominantly earn a profit." As the Congressional Research Service explains, that change was "intended to require persons who buy and resell firearms repetitively for profit to be licensed federally as gun dealers, even if they do not do so with 'the principal objective of livelihood.'" According to the amendment's supporters, "there was confusion" about whether the definition of dealers as people "engaged in the business of selling firearms" covered "individuals who bought and resold firearms repetitively for profit, but possibly not as the principal source of their livelihood." The statutory definition still explicitly excludes "a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms."
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The proposed rule that the ATF published in the Federal Register on September 8 addresses what it means to be "'engaged in the business' as a dealer in firearms." Previous proposals considered by the Obama administration and pitched by Vice President Kamala when she ran against Biden in the 2020 presidential primaries would have deemed someone a "dealer" if he sold more than a specified number of firearms in a year. But "rather than establishing a minimum threshold number of firearms purchased or sold," the ATF says, "this rule proposes to clarify that, absent reliable evidence to the contrary, a person will be presumed to be engaged in the business of dealing in firearms" if he meets any of several criteria. Someone would be presumptively considered a dealer, for example, if he "sells or offers for sale firearms, and also represents to potential buyers or otherwise demonstrates a willingness and ability to purchase and sell additional firearms." Likewise if he "spends more money or its equivalent on purchases of firearms for the purpose of resale than the person's reported taxable gross [income] during the applicable period of time." Or if he "repetitively sells or offers for sale firearms" within 30 days after buying them, repetitively sells guns that are "new" or "like new" in the original packaging, or repetitively sells guns of "the same or similar kind" and "type."
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Some of these categories, especially the last one, could conflict with the statutory exclusion of collectors and hobbyists. And the ATF adds that "the activities set forth in these rebuttable presumptions are not exhaustive of the conduct that may show that, or be considered in determining whether, a person is engaged in the business of dealing in firearms." It says "a person would not be presumed to be engaged in the business requiring a license as a dealer when the person transfers firearms only as bona fide gifts, or occasionally sells firearms only to obtain more valuable, desirable, or useful firearms for their personal collection or hobby, unless their conduct also demonstrates a predominant intent to earn a profit." That "predominant intent to earn a profit" criterion, which is supposed to conform with the change made by the BSCA, potentially extends the definition of "dealer" to encompass the collectors and hobbyists that Congress explicitly sought to protect. In essence, says Independence Institute gun policy expert David Kopel, the ATF is "purporting to require anyone who sells a firearm for a profit, ever," to obtain a dealer's license. The plan that Empower Oversight describes would go even further. If it would in fact cover "every sale," it would not matter whether the seller made money, let alone whether that was his "predominant intent." That "seems like something that is legally impossible," Kopel says. It seems legally impossible because the only way to expand the federal background check requirement "without additional legislation" is by treating more sellers as dealers and requiring them to obtain licenses. The ATF claims the BSCA gave it the authority to do that. But that law plainly did not give it the authority to simply decree that anyone who buys a gun has to pass a background check.
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States that notionally mandate "universal background checks" do so through laws that require private sellers to complete transactions via federally licensed dealers. Research suggests those requirements are widely flouted by gun owners who either are unaware of the law or object to the cost and inconvenience that compliance entails. In any event, this option is not available to the ATF "without additional legislation." Empower Oversight's description of the ATF's reported plan only adds to the puzzle. It refers to "a 1,300-page document in support of a rule that would effectively ban private sales of firearms from one citizen to another by requiring background checks for every sale." The ATF's entire rule elucidating its proposed definition of "engaged in the business," including the agency's legal rationale, is just 31 pages. What could the ATF possibly have to say on this subject that would take 1,300 pages, and how could a document of any length get around the statutory exemption for collectors and hobbyists? If the ATF is planning to "effectively ban private sales," that could be accomplished only by requiring those collectors and hobbyists to be licensed as dealers, which flagrantly contradicts the treatment mandated by Congress. Empower Oversight says "the document's drafting is reportedly being overseen" by ATF Senior Policy Counsel Eric Epstein. On Wednesday, the group's president, Tristan Leavitt, sent Attorney General Merrick Garland and ATF Director Steven Dettelbach a Freedom of Information Act request for relevant records, including emails to or from Epstein; communications among the ATF, the Justice Department, and the White House regarding Biden's executive order; and communications about "regulating or banning the sale of firearms between private individuals."
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In his letter to Garland and Dettelbach, Leavitt notes the statutory and constitutional issues such a plan would raise. "Such an expansive rule that treats all private citizens the same as federal firearms licensees would circumvent the separation of powers in the Constitution, which grants 'all legislative Powers' to Congress while requiring that the President 'take Care that the Laws be faithfully executed,'" he says. "To the extent such a rule prevents the private sale of firearms, it would also 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.'"
Biden has not been shy about trying to rewrite the law in pursuit of his gun control agenda, as illustrated by ATF rules dealing with pistol braces and "ghost guns," which take a page from the Trump administration's unilateral ban on bump stocks. But treating all gun sellers "the same as federal firearms licensees" would not only require an implausible reading of a supposedly ambiguous statute. It would fly in the face of clearly expressed congressional intent.
"Like Biden's student debt bailout plan, such a sweeping rule seems almost certain to be struck down in the courts," Leavitt says on X (formerly Twitter). "It's thus hard to view it as anything other than a cynical [play] to energize his base in a presidential election year."
The post Biden Reportedly Is Planning To Unilaterally Mandate Background Checks for All Gun Sales appeared first on
Reason.com .
View comments (3k)
i do carry my bear spray and brass knucks, though
i do carry my bear spray and brass knucks, though Fri 02 Feb 2024 11:28:49 No. 1263097 Report >>1263088 As a Canadian who can walk the streets in safety without a criminal or a psycho killing me, BRAVO BIDEYMAN!!1,
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>>1263097 gun crime in canada is up
also bidens plan wouldn't lower gun crime in the US. biden and garland already argued in court that the purpose of background checks is not to stop murders and private gun sales aren't a significant contributor to gun crime in the US.
you aren't going to be shot by some rando on the street in the US. its literally black gang members shooting other black gang members over crack with stolen handguns
Anonymous
>>1263088 >https://www.foxnews.com So none of this is true, good to know.
Anonymous
>>1263088 Wait, didn't Fox News lose 700 million in deformation. Why should I trust them, OP?
Anonymous
>>1263105 >>1263106 you trannies listen to CNN and they had to pay a defamation suit to sandman
Anonymous
>>1263107 >You don't like my favorite rage slop machine? >YOU MUST LIKE CNN THEN!!! Direction brained mfer.
Anonymous
>>1263110 >not adding anything relevant to the conversation >attacking the source, not the information Go back to the upvote site, tranny.
Anonymous
>>1263115 Lady boys first, faggot.
Anonymous
>>1263117 Thread derailed. Good job, shitface anon.
Anonymous
Anonymous
>>1263121 >communist jews intentionally attempt to derail threads that show their authoritarian agenda Anonymous
>>1263088 >sounding the alarm on a reported 1,300-page draft document that allegedly justifies a proposed rule >reported >allegedly Fox News has nothing, and is again blowing dogwhistles to con gullible rubes.
Anonymous
>>1263133 its literally biden attempting to confiscate guns
also the ATF shouldn't be able to make rules. I will be so happy when chevron is killed in june
Anonymous
>>1263135 If they had confirmation of the bullshit they were peddling, they wouldn't hide it behind a dozen weasel words.
You're a gullible shill. Maybe pay more attention and you'll stop being as retarded.
Anonymous
>>1263137 brandon has said in the past he wants a registry for gun confiscation and last year he used the gaytf and that gun law he got passed to expand the illegal federal registry and has been trying to redefine private sales out of existence for the past 3 years.
you are a disingenuous piece of shit. you are probably that fag who works for the atf who always shows up in any thread on this site when someone mentions waco. anyone who works for the ATF should be forced to pay back their salary to the taxpayers with interest
Anonymous
>>1263139 Nothing you said makes the article any more accurate.
Its a nothing piece alleging there may be a rule coming down that may do what you said. They can't even confirm its real.
No one gives a shit about your feelings.
Anonymous
>>1263143 its a whistleblower. you would be jerking off with joy if this was 4 years ago and someone was whistleblowing on a trump thing. you are almost certainly an ATF member. fuck you, liar
Anonymous
>>1263144 Yeah but this is coming from rightwingers, which means the allegations can be immediately disregarded.
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>>1263149 so you admit you are a communist shill. thanks
Anonymous
>>1263144 >>1263149 strawmanning a response after getting BTFO
The Republican shill way
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>>1263123 Imagine the kind of life this poster has living with severe paranoid schizophrenia.
Anonymous
>>1263157 reminder communist jews have been accusing noncommunists of being schizos for the past 100 years
https://en.wikipedia.org/wiki/Political_abuse_of_psychiatry_in_the_Soviet_Union Anonymous
>>1263107 Where did they say they "listened" to CNN?? You're a moron.
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>>1263158 I assure you the jews in America are ardent capitalists who would love nothing more than to spend all or most of your hard earned paycheck on shit you don't need, like guns.
Anonymous
>>1263162 the USSR was run by jews
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>>1263161 she is a communist shills. she watches the communist news network
Anonymous
>>1263163 >I assure you the jews in America are ardent capitalists nope. bernie sanders is a jew and a communist who is trying to establish a jewish communist monarchy
> on shit you don't need, like guns I need guns incase blm thugs try to lynch me and because dems like biden and swalwel said they plan on mass murdering Americans
Anonymous
>>1263168 >bitches about Bernie's 3 houses bought with his book money >no no no he's actually a commie! make up your mind
Anonymous
Anonymous
>>1263170 he bought those houses with bribes he received from china and israel. literally everyone knows politician's books are bribes. There are tons of documented cases where all the book sales are literally to the campaign or a PAC and then the books are given out as gifts at fundraisers/rallies or left in warehouses.
>>1263171 CITATION NEEDED
Anonymous
>>1263177 >There are tons of documented cases where all the book sales are literally to the campaign or a PAC and then the books are given out as gifts at fundraisers/rallies or left in warehouses. Those are all Republican written books. I haven't seen anything like it for independents or dems.
Feel free to post evidence to the contrary.
Anonymous
>>1263180 >no obongo and hunter and sanders all are legit grifters and not getting bribes nooooo Anonymous
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>>1263185 So you don't have any evidence? Just whining?
Typical Conservicunt
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>>1263185 hunter and sanders are both white
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