For them to win in court, the court would have to strike down FOPA 86. ATF better ask real hard if that is what they want. Actions have consequences....
Oh, they want it — they want it bad.
They [the FedGov] have been mapping social connections for a reason: intel, against the American people.
(See: Using Metadata to find Paul Revere)
Actions have consequences....
True — the question really is what the consequences of this would be. I suspect that they're trying for a gentle touch
, laying the framework and then [trying to] silently repeal FOPA-86 rather than just out-and-out ignoring it… however, given the great success by the NSA in operating secretly and contrary to the fourth amendment [and arguably the 5th and 6th] they could also simply quietly ignore the law until it is far too late to matter.