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New ATF guidance on gun sales is legally meaningless (or else it would be unlawful)
Washington Post ^ | January 5 at 11:43 AM | By Jonathan H. Adler

Posted on 01/05/2016 2:03:33 PM PST by Lazamataz

.... snip....

.... Taken at face value, the new ATF guidance is thus nothing more than a restatement of existing legal requirements. It merely identifies those who are already subject to the relevant federal requirements and does not in any way expand the universe of those gun sellers who are required to obtain a license and perform background checks. In other words, it is -- as the document says -- a guidance, and not a substantive rule. It has no legal effect.

If the ATF guidelines are nothing more than a guidance -- an indication of the sorts of things that might trigger a federal investigation or prosecution, but not a tightening of the relevant legal standard -- why would the administration do this? There are several potential answers. First, guidance documents are often useful insofar as they explicate relevant legal standards and (as the name implies) provide guidance to the regulated community. Such documents can help people know when they are subject to specific legal requirements. Further, if there are people who should have federal gun licenses but have neglected to obtain them, the guidance document might encourage greater compliance with federal law.

A second potential reason for issuing a guidance document of this sort, as Eugene Kontorovich suggests, could be that the administration hopes to "chill" marginal gun sales. Although a guidance document does not change the relevant legal standard, the issuance of such a document can affect behavior. Individuals who learn they are closer to the relevant legal line than they had realized might be encouraged to comply with the relevant legal requirements, or they may opt to stop selling guns. In this way, a guidance document may help to discourage behavior the government wishes to control but which may lie beyond the government's legal reach.

.....

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: 2ndamendment; banglist; guncontrol; lazandhgfriends; obamaguncontrol; secondamendment
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To: MHGinTN

Oy vey.


21 posted on 01/05/2016 2:48:26 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: MHGinTN

Stand down brother. Hg and I talked it out voice.


22 posted on 01/05/2016 2:49:28 PM PST by Lazamataz (If the Oregon occupiers are occupying a National Wildlife REFUGE, are they not now REFUGEES?)
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To: MHGinTN
Are you telling us that in all these years you've been a Freeper, you have never learned anything from someone else's posts

I don't recall saying anything like that.

15 years in a couple weeks, Y'all come to the party. Fish and chicken.

23 posted on 01/05/2016 2:49:46 PM PST by humblegunner (NOW with even more AWESOMENESS)
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To: MHGinTN
Are you telling us that in all these years you've been a Freeper, you have never learned anything from someone else's posts

I don't recall saying anything like that.

15 years in a couple weeks, Y'all come to the party. Fish and chicken.

24 posted on 01/05/2016 2:50:02 PM PST by humblegunner (NOW with even more AWESOMENESS)
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To: READINABLUESTATE

I am untrained formally.


25 posted on 01/05/2016 2:55:10 PM PST by steve86 (Prophecies of Maelmhaedhoc O�Morgair (Latin form: Malachy))
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To: Norm Lenhart

Insightful and Correct Post Norm.


26 posted on 01/05/2016 2:55:12 PM PST by KC_Lion (The fences are going up all over Europe. We shall not see them down again in our lifetime.)
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To: Lazamataz
"For example, courts have upheld convictions for dealing without a license when as few as two firearms were sold or when only one or two transactions took place, when other factors also were present."

I am persuaded that othuggo is planning to make a few examples of folks, as a means to chill resistence to his rule by fiat EO. Woe to those his thuggery at unJustice decide to go after. With the full weight of the federal pocket book to work with, the government will make life hell for those they decide to make examples of. I would bet real money that Lynch already has a file with names of whom they will target. NRA membership might be one key. Area of residence might be another key (the South is hated by the regime because we take the Bill of Rights quite seriously).

27 posted on 01/05/2016 2:56:25 PM PST by MHGinTN (Is it really all relative, Mister Einstein?)
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To: humblegunner
"Y'all come to the party. Fish and chicken."

Where's the beef?

Smile for my two favorite people -- Lazamataz and Humblegunner.

28 posted on 01/05/2016 2:57:40 PM PST by BlueLancer (Once is happenstance. Twice is circumstance. Three times is enemy action.)
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To: Lazamataz

29 posted on 01/05/2016 3:02:39 PM PST by TADSLOS (A Ted Cruz Happy Warrior! GO TED!)
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To: KC_Lion; Norm Lenhart

“He also does this as the traditional incrementalist approach of all communists. People will view it as ‘settled law’ because they will be told by liberals and the media it is law.”

Exactly, and the Obama “scortched earth “ final year is off to a good start.


30 posted on 01/05/2016 3:02:52 PM PST by stephenjohnbanker (My Batting Average( 1,000) since Nov 2014 (GOPe is that easy to read))
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To: Lazamataz

Drink two Manhattans as I have already done and pay no further attention to what Omuslim said today. Hic


31 posted on 01/05/2016 3:07:42 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Lazamataz

The ranting about closing the loopholes and putting an end to unregulated internet gun sales is political theater and aimed at the clueless liberal dolt out there, and we all know that. But, the Obama crowd are so easily mollified, and Obama can move on to another item on his agenda.

The real danger in today’s action is the encouragement to the Medical community to report “mental issues” to the FBI for inclusion into the NICS system that will result in a rejection of a background check. These such reports can originate from some “activist” doctor, or some bureaucrat who has not medical training at all. Of course, these decrees will have enjoyed no due process and are therefore a completely arbitrary imposition of the power of government.

Soldiers who have experienced a Traumatic Brain Injury (TBI) or mentioning anything treading near Post Traumatic Stress Disorder (PTSD) should be seriously concerned, especially if you have been treated in the Military medical system, or (God forbid) the Veterans health system. The Nazis don’t like you and they want to get you under control.


32 posted on 01/05/2016 3:08:17 PM PST by centurion316
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To: stephenjohnbanker

Our mastery of the obvious strikes yet again! ;)


33 posted on 01/05/2016 3:09:17 PM PST by Norm Lenhart (Existential Cage Theory - An idea whose time has come)
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To: Lazamataz

There seems to be a willingness to overlook that the resident of the white house just stated that he has created a whole new area of power in background checks. He has given the background check system the ability to abrogate the rights of Americans, guaranteed under the Constitution without benefit of due process. First, through shared information from the SSA to disqualify people receiving benefits and secondly through redefining HIPPA to make your doctor judge and jury concerning your right to possess firearms. Further, his “guidance” is akin to Lois Lerner guidance at the IRS. It looks and sounds like selectively prosecute your political enemies!
No change?


34 posted on 01/05/2016 3:09:39 PM PST by Steamburg (Other people's money is the only language a politician respects; starve the bastards)
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To: humblegunner

Well he is the Don Juan de Marco of FR after all. Hic!


35 posted on 01/05/2016 3:12:15 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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To: Teacher317; humblegunner; Lazamataz

These guys are BFF’s and his highness is prolly just screwing with the Hit Maestro...


36 posted on 01/05/2016 3:15:21 PM PST by Vendome (Don't take life so seriously-you won't live through it anyway - "Enjoy Yourself" ala Louis Prima)
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To: BlueLancer; Lazamataz
Where's the beef?

Accepted a sponsorship from Goode Company this year.

http://www.goodecompany.com

37 posted on 01/05/2016 3:16:23 PM PST by humblegunner (NOW with even more AWESOMENESS)
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To: humblegunner

“None of which cause me to think I am some kind of brilliant savior what needs to inform the lesser people.”

It does, however, seem to cause you to think you are some kind of self righteous smartass who needs to demean constructive & informative contributors for no good reason.


38 posted on 01/05/2016 3:17:02 PM PST by ctdonath2 (History does not long entrust the care of freedom to the week or the timid. - Ike)
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To: Norm Lenhart

I’m raising our “free agency” salary demands to 1.68 BILLION/5 years

1/2 due on signing.


39 posted on 01/05/2016 3:18:27 PM PST by stephenjohnbanker (My Batting Average( 1,000) since Nov 2014 (GOPe is that easy to read))
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To: Norm Lenhart

“He does this because the GOP will do nothing to stop him.”

Do what? Seems he said nothing that wasn’t already in effect.

If he had actually listened to some of the terrorized ranting around here, he’d have actually gotten some good (for him) ideas.


40 posted on 01/05/2016 3:22:36 PM PST by ctdonath2 (History does not long entrust the care of freedom to the week or the timid. - Ike)
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