Posted on 08/11/2015 10:46:21 AM PDT by Nachum
ScreenHunter_12 Aug. 10 17.29
A legal response filed by the Bureau of Alcohol, Tobacco, Firearms and Explosives claims a Freedom of Information Act-related complaint improperly targets them. “The ATF is not an ‘agency’ within the meaning of the F.O.I.A., 5 U.S.C. § 552 (f) (1), and is, therefore, not a proper party defendant,” the response claims . . .
The complaint, filed June 23 in the United States District Court for the District of Columbia, seeks an order to compel the Bureau of Alcohol, Tobacco, Firearms and Explosives to comply with a Freedom of Information Act request filed in March and ignored in violation of federal law. The FOIA sought copies of policies and rulings relied on in enforcement and determination actions.
The complaint was filed by Tucson attorney David T. Hardy. Plaintiffs include this correspondent, firearms designer and president of Historic Arms, LLC, Len Savage, and the FFL Defense Research Center. The information, as noted in the announcement of the lawsuit, is being sought to ensure consistency in rulings, policies and compliance enforcement.
“Ok, I’ll bite,” Savage responded upon learning of the government’s defense argument. “If, as they claim, they are not an agency under Title 5 FOIA, then why do they have a disclosure division? How is an FFL supposed to comply with ATF policy that is kept secret? Perhaps that’s the point, to not be able to comply?”
Indeed, if it is not an “agency,” why does ATF claim it is one in its fiscal 2016 Congressional budget submission?
“Established as an independent Bureau in 1972, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the Federal agency charged with enforcing the Gun Control Act (GCA) and the National Firearms Act (NFA),” ATF asserts in its overview/introduction. “ATF’s FY 2016 budget request
(Excerpt) Read more at thetruthaboutguns.com ...
The list, Ping
Let me know if you would like to be on or off the ping list
So I guess there is no such thing as an ATF agent...
What the meaning of IS is....
There are criminals everywhere in the Fed govt. May Justice find them all.
Correct
Ask yourselves, which candidate will fully clean out the federal agencies?
Under the Tyrant, all Law exists only for persecution
of Americans, to murder Americans, and to import
incurable diseases onto Americans.
ATF should have been abolished years ago. They have been outside the law for a long time now.
How convenient.
I would like to deny being eligible to pay Federal Income Tax.
“The ATF is not an ‘agency’ within the meaning of the F.O.I.A., 5 U.S.C. § 552 (f) (1), and is, therefore, not a proper party defendant,” the response claims . . .
Tyranny takes many forms. So much for the First amendment and the redress of grievances.
5.56mm
Yeah, soon this whole lawlessness thing is going to get around to regular people. Then Fedgov might regret flouting the law. “Tax laws? What are laws?”
Could be good it’s “not an agency” of the federal government. Given its not an agency and its entire assignment ( insofar as firearms is concerned) is unconstitutional — it’s a complete rogue, unlawful organization violating the civil rights of all American citizens. It needs to be shut down immediately —,perhaps judicial watch or goa or someone else will now file to do this? the RICO act seems perfect for the part
We’re feds. We’re exempt.
The left, since their founding in Genesis 3:4-5, have twisted and denied the meaning of words to suit their purposes.
If BATF succeeds with this then all the other agencies will follow suit and FOIA which is beinn bit by bit suffocated wil alreadyl expire altogether.
“ATF should have been abolished years ago. They have been outside the law for a long time now.”
And populated by a bunch of clowns. A few years ago, several ATF agents here were eating lunch in a hotel restaurant off the main lobby. They saw a college kid jog by who was dressed in a ninja outfit, heading from a costume party towards a dining hall. The agents stormed out of the hotel, some with guns drawn, and wrestled the kid to the ground. Our federal tax dollars at work.
They should be in prison.
Remember what the the original "Die Hard" movie and the character John McClane?
Here is what he told the murderous thieves:
"I have a gun. Ho Ho Ho"
If they are not Federal employees, don’t pay them from agency funds.
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