Posted on 01/19/2012 6:33:55 AM PST by marktwain
Washington (Reuters) is reporting that a U.S. judge's decision to uphold the recent regulation changes mandated by the BATFE requiring gun dealers in four states bordering Mexico to report the sales of multiple semi-automatic rifles has been appealed by the gun industry. The report says that Judge Rosemary Collyer of the U.S. District Court for the District of Columbia ruled that the reporting requirements ordered last year were sufficiently narrowly tailored. Collyer writes the reporting demand "was limited to only certain sales of certain guns in certain states, ATF did not exceed its authority."
Gun dealers, the National Rifle Association (NRA), and the National Shooting Sports Foundation (NSSF) challenged the requirements. They argue that they would effectively require national registration of firearms sales, which they said the BATFE was not authorized to do. The reporting requirements are that dealers must report within five business days a sale of two or more semiautomatic rifles to the same person. That includes rifles with a caliber greater than .22 that are able to accept a detachable magazine.
The rules, which supposedly apply to only Texas, Arizona, New Mexico and California are capricious at best. Because the ruling extends across state lines, the lawsuit is correct in its assertion that the requirement is national in scope. But even if it was not, BATFE is not a governing body. It cannot create law. If this applied to one state only, the requirement would be wrongheaded because BATFE cannot create what amounts to state law.
(Excerpt) Read more at examiner.com ...
Elect and support those who recognize and protect your right to own and bear arms.
Just in case you don’t know why you might need to have a weapon to defend yourself, recall the last time you had to call 911. I called to report seeing a parked police car being stripped of its blue lights and radio. The police dispatcher had no idea where my neighborhood was and asked so many questions of me that the robbers had left before the police finally arrived. I’m glad my life wasn’t on the line.
Article IV, Section 2
"The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States..."
The plain language of this sentence APPEARS to mean that if the Feds can't require, say, Virginians to register their gun purchases (and the 2nd Amendment clearly says they can't), then they can't require Texans to register THEIR gun purchases.
But then again, I'm not a "Constitutional scholar", like our president is...
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