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Chilling Effect of Biden Final Rule; Texas Court Issues Blocks ATF FFL Rule
AmmoLand ^ | May 23, 2024 | Dean Weingarten

Posted on 05/27/2024 5:22:50 AM PDT by marktwain

On May 19, 2024, United States District Judge Matthew J. Kacsmaryk issued a temporary restraining order against the Biden administration, forbidding them from enforcing the parts of the ATF “final rule” having to do with a re-definition of “engaged in the business” as part of federal firearms law. From the order:

CONCLUSION

Defendants are TEMPORARILY RESTRAINED from enforcing the regulations — “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” — published at 89 Fed. Reg. 28968 (April 19, 2024) (to be codified at 27 C.F.R. pt. 478) against Plaintiffs Texas, Jeffery Tormey, the Gun Owners of America, Inc., the Gun Owners Foundation, the Tennessee Firearms Association, and the Virginia Citizens Defense League, through June 2, 2024. Plaintiffs Louisiana, Mississippi, and Utah are excluded from the relief granted herein.

It is unclear what will happen after the temporary restraining order expires in two weeks. The chilling effect on exercising Second and First Amendment rights has already been felt in Montana.

Gary Marbut, the foremost authority on all legal issues involving gun law in Montana, has issued a press release substantiating the chilling effects on a Montana gun show. From the press release:

MISSOULA, Mont. – A gun show scheduled in Hamilton, Montana for the weekend of May 17th, 18th and 19th has been cancelled because of the new regulation by the Biden administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) redefining what “engaged in business” is for selling one or more firearms.


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


TOPICS:
KEYWORDS: atf; banglist; business; commerce; ffl; matthewjkacsmaryk; regulations; texas; tx
The Biden administration is trying to make selling a firearm for more than you paid for it the definition of "engaged in the business". The idea is to require people to have an FFL to sell firearms; and to simultaneously make it difficult to have an FFL.
1 posted on 05/27/2024 5:22:50 AM PDT by marktwain
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To: marktwain

That won’t do much good for Bryan Malinowski.


2 posted on 05/27/2024 5:25:00 AM PDT by Fido969 (Y of ma)
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To: marktwain

The idea of bureaucracies re-interpreting laws and codifying their opinions into law has got to stop. Top abusers are the EPA and ATF that have been weaponized by the rat party.

If our elected representatives believe those they represent want every private gun seller to have an FFL, then such laws should be legislated and then codified.

It’s insane how our elected representatives have been shirking their duties for who knows how long just so they can spend more time getting rich while in office and catering to special interests.


3 posted on 05/27/2024 5:34:59 AM PDT by redfreedom (Joseph Stalin: "It does not mater how anyone votes, how votes are counted is what matters.")
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To: Fido969
That won’t do much good for Bryan Malinowski.

My thoughts as well.

4 posted on 05/27/2024 5:35:25 AM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: marktwain

If the Demoncrats manage to get Joe Birdbrain re-elected count on them to finish destroying the Middle Class and the 2nd Amendment and then hello totalitarian government. Let’s hope and prey they don’t then shut of Tik Tok or life will really not be worth living.


5 posted on 05/27/2024 5:45:48 AM PDT by antidemoncrat
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To: Fido969

Disband ATF.


6 posted on 05/27/2024 5:55:16 AM PDT by chopperk (are)
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To: Fido969

No, it won’t.


7 posted on 05/27/2024 5:56:28 AM PDT by Eagles6 (Welcome to the Matrix . Orwell's "1984" was a warning, not an instruction manual. )
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To: marktwain

Enforcement still boils down each counties Sheriff.


8 posted on 05/27/2024 7:04:01 AM PDT by LastDayz (A blunt and brazen Texan. I will not be assimilated.)
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To: LastDayz

No, the ATF can make their own bust and try in federal court unless you are Branch Davidians and David Coresh where you face trial by fire.


9 posted on 05/27/2024 7:21:24 AM PDT by shalom aleichem (Sick 'n Tired! Tell us wnat to DO about it! )
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To: marktwain

AND still the Gestapo thug ATF website says “we don’t make the rules /laws”

Bunch of murdering thugs


10 posted on 05/27/2024 7:41:59 AM PDT by Organic Panic (Democrats. Memories as short as Joe Biden's eyes.)
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To: marktwain

This operation spooked our open air Flea market up here too.
It’s a Fearful Time indeed.


11 posted on 05/27/2024 8:45:47 AM PDT by Big Red Badger (ALL Things Will be Revealed !)
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To: marktwain

we really need to reassign the ate staff to some constitutional and useful work and shut the damned outfit down permanently

maybe digging post holes for our southern defense fence, or I would actually offer each one several different kinds of work but just get the damned door nailed shut once and for all.


12 posted on 05/27/2024 7:09:16 PM PDT by faithhopecharity (“Politicians are not born. They're excreted.” Marcus Tillius Cicero (106 to 43 BCE))
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