Practice and LAW are two different things. They still would violate that act. Granted, the prosecution of that violation is left with the DOJ or the Executive, and with this current band of evil destroyers, Justice would not be served.
Yet, they do this at their peril. They violated the act at Waco, likely at Ruby Ridge too, but not ‘proven’. For this they have earned the lifelong enmity of a lot of people. A lot of people that value freedom, the protection of the Constitution, and the willingness to impart that injustice to their heirs and anyone else who will listen. They also incur the potential for re-action.
(but) I agree with your assessment.
I remember Ruby Ridge and Waco.