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ATF Elimination Act Re-introduced in the House
The New American ^ | 20 January 2017 | Bob Adelmann

Posted on 01/22/2017 6:17:20 PM PST by VitacoreVision

In re-introducing the ATF Elimination Act on Thursday, January 12, Representative Jim Sensenbrenner (R-Wis.) explained one of the primary reasons why: “The ATF is a scandal-ridden, largely duplicative agency that has been branded by failure and lacks a clear mission. It is plagued by backlogs, funding gaps, hiring challenges, and a lack of leadership.”

Not once did he explain the real reason the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF for short) should be eliminated: There is no provision anywhere in the Constitution that grants the federal government the powers the ATF exercises.

Sensenbrenner’s original bill was introduced on March 4, 2015 at the beginning of the 114th Congress. In addition to calling for an immediate hiring freeze, his bill:

Requires the ATF, the Federal Bureau of Investigation (FBI), and the Drug Enforcement Administration (DEA) to jointly develop and submit a plan for winding up the affairs of [the] ATF….
Transfers ATF functions relating to … criminal and regulatory violations of the federal firearms, explosives, and arson laws … to the Attorney General, who shall delegate them to the FBI; and criminal and regulatory violations of the federal alcohol and tobacco smuggling laws to the Attorney General, who shall delegate them to the DEA.

The original bill, as well as the new one, requires that the process of elimination of the ATF be completed within a year.

There are many “surface” reasons for eliminating the agency. In the 1970s and 1980s, complaints regarding the techniques used by the ATF in its effort to generate firearms violations cases, and thereby justify its existence, led to hearings before congressional committees. One Senate subcommittee report said, “Based upon these hearings it is apparent that ATF enforcement tactics made possible by current federal firearms laws are constitutionally, legally, and practically reprehensible.”

The Ruby Ridge incident involving Randy Weaver and his family in June 1990 led to the deaths of Randy’s wife and son. A trial determined that the ATF was guilty of entrapment while congressional investigations uncovered similar claims of overreach by the ATF and other agencies involved in the incident. The federal government awarded Weaver $3.1 million to settle a wrongful death suit brought by Weaver and his family.

Less than three years later, in February 1993, the ATF was involved in the siege of the Branch Davidian religious group outside of Waco, Texas. It resulted in the deaths of 76 people, including 20 children, inside the group’s housing complex. To add insult to that injury, in December 1994, two ATF agents in charge, who were initially suspended for their roles in leading the raid, were later reinstated with full back pay and benefits, despite a finding by the Treasury Department of gross negligence against the agency.

Between May 2004 and August 2005 the ATF launched a “pilot program” that, if successful, would be rolled out nationwide. It involved ATF agents outside eight different gun shows in Virginia, accosting, questioning, and often harassing show attendees. In February 2006, a House subcommittee investigating the “program,” heard testimony from one of the show’s owners:

[Show attendees] were approached and discouraged from purchasing guns. Before attempting to purchase, they were interrogated and accused of being in the business without a license, detained in police vehicles, and gun buyers’ homes were visited by police, and much more.

Early in President Obama’s first term, the ATF undertook three operations allegedly designed to track, catch, and charge Mexican cartel members buying guns across the United States' southern border: “Fast and Furious,” “Too Hot to Handle,” and “Wide Receiver.” In “Fast and Furious,” the ATF sold approximately 2,500 firearms to “straw purchasers” in the United States who agreed to smuggle them into Mexico and sell them to drug cartel leaders. Once those leaders were identified, they were supposed to be arrested. At its conclusion, however, the operation ended with only 20 indictments of small-time dealers, but the collateral damage was severe. Two of those weapons were later found to be directly involved in the murder of U.S. Border Patrol agent Brian Terry in December 2010, while by the fall of 2011 weapons involved in the scheme had been used in at least 200 more murders in Mexico and 11 more in the United States. Again, adding insult to this grievous injury, three supervisors in charge of “Fast and Furious” were promoted by the ATF. 

Then there’s the “store-front sting” operation called “Operation Fearless” concocted by the ATF in 2014, where undercover agents rented a store front in Milwaukee selling designer clothes, athletic shoes, jewelry, and drug paraphernalia. The agents let it be known that they were willing to buy guns and drugs under the table for cash. Writing about the incident, Laurence Vance of the Future of Freedom Foundation noted that no major drug dealers were ensnared by the operation, but it resulted instead not only in “a string of mistakes and failures,” but also in an increase in crime in the immediate area of the store. Special Agent Robert Schmidt defended the failure: “Our number one responsibility is denying criminal access to firearms and that is what we are trying to do. It is our duty to purchase these firearms to protect the American public and citizens of Milwaukee.”

It turned out later that the ATF had instigated similar such “store-front stings” in Portland, Albuquerque, Wichita, Atlanta, and Pensacola. House Oversight and Government Reform Committee chairman Darrell Issa (R-Calif.) said that the Milwaukee operation “followed an incredibly reckless pattern” and that the “ATF’s dangerous tactics may actually be increasing crime in [the] neighborhood.”

Focusing on the ATF’s failures and reckless behavior misses the point: The federal regulation of alcohol, tobacco, firearms, or explosives isn’t a legitimate function of the federal government under the Constitution. As Sensenbrenner’s bill points out, any legitimate functions should easily be carried out by other agencies. As Vance pointed out:

In a free society, alcohol would be processed, bought and sold just like orange juice. In a free society, tobacco would be cultivated, bought and sold just like any other crop. In a free society, there wouldn’t be [any] federally licensed gun dealers any more than there would be federally licensed car dealers. In a free society, explosives would be manufactured, bought, and sold just like chemicals that are potentially hazardous.

What Vance is saying, in effect, is that, in a free society, “alcohol, tobacco, firearms and explosives” ought to be the name of a convenience store — penalties for the items' misuse can be meted out to deter miscreants. Sensenbrenner’s bill is the right thing to do, but for the wrong reasons.


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: 115th; abolishatf; alcohol; atf; banglist; batf; first100days; jimsensenbrenner; trump45; waco
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The ATF Elimination Act, introduced on Thursday, January 12, by Representative Jim Sensenbrenner (R-Wis.), is an attempt to do the right thing but for the wrong reasons. By Bob Adelmann
1 posted on 01/22/2017 6:17:20 PM PST by VitacoreVision
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To: VitacoreVision

Be still my heart if the can do this.


2 posted on 01/22/2017 6:19:28 PM PST by samadams2000 (Someone important make......The Call!)
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To: VitacoreVision

He said duplicative, but he also meant duplicitous.

Gosh I’d love it if they erased this UN-Constitutional agency!


3 posted on 01/22/2017 6:20:41 PM PST by Roman_War_Criminal
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To: VitacoreVision

Who was it who said: “Alcohol, Tobacco & Firearms? Sounds like it should be the name of a convenience store, not a federal bureaucracy”.


4 posted on 01/22/2017 6:20:48 PM PST by CardCarryingMember.VastRightWC (Folks ask about my politics. I say: I dont belong to any organized political party. I'm a Republican)
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To: VitacoreVision

This winning could be habit forming.


5 posted on 01/22/2017 6:20:48 PM PST by Sequoyah101 (It feels like we have exchanged our dreams for survival. We just have a few days that don't suck.)
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To: VitacoreVision

Eliminate it for the right reason, not the Sensenbrenner reasons.


6 posted on 01/22/2017 6:23:45 PM PST by Lisbon1940 (No full-term Governors (at the time of election!)
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To: VitacoreVision

Long overdue.


7 posted on 01/22/2017 6:27:54 PM PST by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents)
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To: VitacoreVision

DHS, BLM hopefully next


8 posted on 01/22/2017 6:31:19 PM PST by DanielRedfoot (Viva Le Deplorable)
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To: VitacoreVision

mark


9 posted on 01/22/2017 6:36:11 PM PST by Ladysmith (You can't make everyone happy. You are not pizza.)
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To: Lisbon1940

The ‘right’ reason is too hard for a lot of people to get their heads around and far too easy to get attacked by the media. The ‘wrong’ reasons are easier to explain and far harder for the press to defend.

What does it matter so long as the damn thing goes away?


10 posted on 01/22/2017 6:40:07 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Lisbon1940

I don’t care why...Just do it.


11 posted on 01/22/2017 6:42:17 PM PST by gogeo (But he's not a conserrrrrvative!)
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To: Spktyr

It can come back if you’re not careful. Worse than ever.


12 posted on 01/22/2017 6:44:05 PM PST by Lisbon1940 (No full-term Governors (at the time of election!)
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To: Lisbon1940

Same thing applies if you get rid of something for the ‘right’ reasons. Gorelock Wall, anyone? The ATF is enough of an urgent problem that it needs to go away now - we can worry about/educated about the ‘proper’ reason later.


13 posted on 01/22/2017 6:50:20 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: VitacoreVision
Ruby Ridge, Waco, Fast & Furious, they've spilt more blood and have more blood on their hands that the other alphabets combined
14 posted on 01/22/2017 6:50:45 PM PST by Chode (may the RATS all die of dehydration from crying)
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To: PROCON

Ping


15 posted on 01/22/2017 7:10:05 PM PST by Tilted Irish Kilt (Muslim & Spanish migrants are like Kudzu-> designed to overload the system= Cloward-Piven)
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To: Tilted Irish Kilt; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; ...

RKBA Ping List

This list is for all things pertaining to the 2nd Amendment.

Please FReepmail me to be added to or deleted from this ping list.

16 posted on 01/22/2017 7:30:38 PM PST by PROCON (Onto the Great American Rebirth!)
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To: All

If only there weren’t about 500 weasels in the House and Senate, this might have a chance of actually happening.


17 posted on 01/22/2017 7:31:11 PM PST by LegendHasIt
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To: VitacoreVision

What would possess any sane person to create an agency to control three things that are legal?

Makes about the same sense as creating a Black Female Speech agency.

Get rid of this hideous organization, and ban it’s agents from ever working in law enforcement again. It’s very mandate is fatally flawed.


18 posted on 01/22/2017 7:49:04 PM PST by DoughtyOne (Obama, Clinton, McStain, and Graham, with people like this, who needs enemies?)
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To: VitacoreVision

At least make it a convenience store.


19 posted on 01/22/2017 7:55:40 PM PST by AFreeBird (BEST. ELECTION. EVER!)
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To: VitacoreVision; samadams2000; Roman_War_Criminal; CardCarryingMember.VastRightWC; Sequoyah101; ...
I think most of us understand that even if the BATF is eliminated, and its "regulatory" functions are assigned to other agencies, it only means that the abuses by the BATF will end, but then they'll be committed by the other agencies. Trading one bully for another bully.

Federal regulation of Alcohol and Tobacco should end. Regarding firearms, the Feds should use civil rights statutes in criminal and civil actions against State Governments which, "Under Color of Authrority," abridge the rights of citizens to keep and bear arms. And the Feds should start forming task forces to put gang members who use firearms in the commissions of felonies in prison for life.

20 posted on 01/22/2017 7:57:20 PM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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