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‘Secret’ ATF move could turn 3M to 4M gun owners into felons
www.washingtonexaminer.com ^ | October 09, 2020 08:49 AM | by Paul Bedard, Washington Secrets Columnist

Posted on 10/09/2020 8:21:41 AM PDT by Red Badger

President Trump’s Bureau of Alcohol, Tobacco, Firearms, and Explosives, in a move his own son has warned could alienate hardcore supporters, has taken the first step to regulate and tax one of the nation’s most popular weapons for plinkers and hunters, the AR pistol.

Without notice and citing unexplained concerns about “public safety,” the Justice Department’s ATF has ordered the maker of several popular AR pistols to “cease and desist” in the production of the top seller “Honey Badger.”

The order, which maker Q LLC complied with to avoid criminal prosecution, has jarred the gun community.

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Rep. Matt Gaetz @RepMattGaetz In June, my colleagues and I sent a letter to the ATF demanding they stop crafting secret rules restricting the possession of pistol braces by American citizens.

I sent a follow-up letter yesterday after receiving no response. The ATF must stop abusing its enforcement authority. Image Image 3:23 PM · Sep 30, 2020 956 521 people are Tweeting about this

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While only Q LLC has received a cease-and-desist letter, most AR makers also produce a version of the shorter-barreled Honey Badger pistol. And if all of those guns are reclassified to rifles by the ATF, 3 million to 4 million owners could become felons overnight, according to the industry group Gun Owners of America.

“President Trump needs to do something,” said GOA’s Alan Rice. “This serious stuff. We’re talking about making law-abiding people into felons,” he added.

The ATF told Secrets that only New Hampshire-based Q LLC’s Honey Badger was the target. But, a spokeswoman added, “regarding other firearms or manufacturers, ATF cannot comment until we see the platform and what accessories may be attached to said platform.”

At issue is the National Firearms Act, a holdover from the Prohibition era and gangland machine gun shootings, and the modern AR pistol. Under the act, rifles with barrels shorter than 16 inches are designated “short-barreled rifles” and require a federal permit and a $200 tax. Permits can take months to get, making the weapons unpopular.

Pistols, nearly always with shorter barrels, are not subject to the act. Working with those rules, AR makers developed a special arm “brace” for users to make short-barreled versions into a “pistol,” a difference long endorsed by the ATF.

Technically, the braces, needed because AR pistols are heavier than normal handguns, are not rifle stocks, standard on the regulated short-barreled rifles. Still, some braces are adjustable and can be used on a shoulder like a stock and are, by some hunters, a loophole of sorts.

What seemed to get Q LLC into trouble with the ATF was its marketing campaign. Most AR pistol makers have posted videos showing their AR pistols being used like rifles. AR rifles are the most popular rifles in the world.

The company’s lawyer said the decision was a shock and unjustified.

Gun owners, notoriously suspicious of the ATF, feel the move was a signal of more to come, especially if Trump loses the election to gun control advocate Joe Biden.

“I urge the ATF to step back from what appears to be a snap decision, as it looks to have been made in a vacuum and goes against previous decisions regarding pistol braces. Though there is likely a lot we don’t know about how this decision was made and gun laws are never black and white, perception is reality in the world today. It would help if the ATF would publicly clarify this decision,” said Justin Anderson, the marketing director for Hyatt Guns of Charlotte, North Carolina.

The National Rifle Association and GOA are also fighting to stop the ATF, as are several lawmakers, led by Florida Rep. Matt Gaetz, a close Trump ally. In a letter to Attorney General William Barr, Gaetz said the ATF's decision was made "in secret."

In a recent interview, Donald Trump Jr. told Secrets that it’s not the president who wants any change to the AR pistol rules, but the so-called swamp. “It feels like someone rogue there trying to play games prior to an election on the gun issue.”


TOPICS: Business/Economy; Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: atf; banglist
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To: TexasGurl24

Wrong, but Trump is wrong here.


41 posted on 10/09/2020 10:36:19 AM PDT by mylife (Opinions: $1, Today's Special: Half Baked, 50c)
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To: Ancesthntr
I expect that this is a way for TPTB at ATF to ingratiate themselves with the (hoped for, in their eyes) incoming Biden Administration. If (as I expect) Trump wins, this will go away pretty quickly.

Seems very likely.

LLC Honey Badger


42 posted on 10/09/2020 10:40:15 AM PDT by COBOL2Java (Joe Biden: Barack Obama minus the pretty talk.)
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To: Red Badger

Ex post facto laws are unconstitutional Art. 1, Sect. 9


43 posted on 10/09/2020 10:57:54 AM PDT by bunkerhill7 (That`s 464 people per square foot! Is this corrrect?? It's NYC.)
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To: TexasGurl24
Exactly my point!

Why do you keep saying "No"?

You and I agree that the headline is wrong.

44 posted on 10/09/2020 11:10:01 AM PDT by G Larry (There is no merit in compromising with the Devil.)
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To: mylife

Trump didn’t write this policy. A Barry holdover at the ATF wrote the policy. You can stamp your feet and shill for Biden or baby killer Jorgeson all that you want, but you aren’t entitled to your own set of facts.


45 posted on 10/09/2020 11:16:42 AM PDT by TexasGurl24
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To: Yo-Yo

Repeal the whole NFA.
At the cost of ammo these days, who could afford to feed an MG or SMG anyway?


46 posted on 10/09/2020 11:26:26 AM PDT by Little Ray (Freedom Before Security! (Ironic, huh?))
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To: Little Ray
At the cost of ammo these days, who could afford to feed an MG or SMG anyway?

These days, the same people that can afford $25,000 for an M16A1.

47 posted on 10/09/2020 11:29:49 AM PDT by Yo-Yo ( is the /sarc tag really necessary?)
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To: Red Badger

bttt


48 posted on 10/09/2020 11:31:12 AM PDT by Pajamajan ( Pray for our nation. Thank the Lord for everything you have. Don't wait. Do it today.)
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To: Red Badger

I am of the opinion that there is a larger legal / constitutional question(s) here.

Can Congress delegate law making authority when it comes to constitutionally protected rights? By example, can congress delegate to the FCC the right to regulate cameras, and then the FCC restrict digital cameras from cell phones?

Can an Administrative ruling change the law?

Can that change happen without Congressional oversight?

If such a change happens, does it only apply to future? No ex-post facto?

Can a tax be collected on a sale of property after the fact?

Can a tax be collected on a Constitutional right and thus prevent the free exercise thereof? By example, can the Government tax sales of the Quran or the Bible? If you cant collect a tax on those items, then I submit for consideration that using a tax to limit ownership of machine guns or silencers is just as abhorent to the Constitution. At the very least, requires splitting some mighty fine hairs to allow one and not the other.

If the government requires citizens to dispose of previously legal property, isnt that a “seziure” and requires the payment of compensation at fair market value?


49 posted on 10/09/2020 11:32:55 AM PDT by taxcontrol
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To: Red Badger

This, under Trump, where his branch and department heads are beginning to behave as if he’s already been defeated.

Just imagine our 2A laws under President Kamala.


50 posted on 10/09/2020 1:49:55 PM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: TexasGurl24; All
Trump didn’t write this. Bathhouse Barry holdouts in the ATF.

Exactly. Word is many in the ATF are saying/implying is: just wait him out. Once the election is over, we will not have to worry about following DOJ guidelines, because with President Biden, there will be a new AG.

51 posted on 10/09/2020 4:12:57 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: Openurmind; All
They cannot go retroactive with a law like this against those that have already been sold legally.

Ca started this ex post facto tactic in violation of the constitution and they were allowed to do it so now everyone is following suit.

That is the common-sense understanding of Ex Post Facto.

The courts have rules something different. It goes like this:

You cannot be fined or imprisoned for having x before this date, because that would be Ex Post Facto.

Now that the law is changed, you can be fined for having x after this date, because the law has changed.

You are not being fined for having it then; you are being fined for having it now.

It used to be common sense, that if you owned it legally, and the government made it illegal, at minimum, they had to reimburse you for it.

Not any more.

52 posted on 10/09/2020 4:19:22 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: Red Badger

Great mistake by the Obamaroid hold overs. This gives Trump the golden opportunity to executive order this usurpation right into the shyte hole where it and the obamaroids belong. It would fire up the base like nothing else can!


53 posted on 10/09/2020 4:22:45 PM PDT by MHGinTN (A dispensation perspective is a powerful tool for discernment)
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To: TexasGurl24

Try putting your arm into that badger ‘brace’. It is not an arm brace it is a retractable stock with a fake rubber wrap.


54 posted on 10/09/2020 4:33:19 PM PDT by MHGinTN (A dispensation perspective is a powerful tool for discernment)
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To: Little Ray
Repeal the whole NFA.

Start small. Repeal 18 USC 922 (o) first...then Chapter 4 of the GCA, then both the NFA and GCA.

55 posted on 10/10/2020 6:03:15 AM PDT by DCBryan1 (COMDEMS would rather rule over a pile of ashes, than lose to Trump and REAL Americans)
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To: Red Badger

The problem is in the swamp and with the lying Paul Bedard, who wants to see Biden elected.


56 posted on 10/10/2020 9:07:29 PM PDT by familyop ( "Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy".)
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To: Red Badger

I very briefly thought about getting an AR pistol a few years ago and realized that it didn’t make any sense. Too little velocity from such a short barrel for good terminal ballistics.


57 posted on 10/10/2020 9:21:27 PM PDT by familyop ( "Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy".)
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To: familyop

8-10 inch barrel in 300 Blackout is where you need to look. Even the 220 gr ammo out of the 9-10 inch barrels is ‘terminal’. Bullet development has come a long way. Even my 32 acp carry Beretta is deadly with the right bullets.


58 posted on 10/10/2020 9:25:30 PM PDT by MHGinTN (A dispensation perspective is a powerful tool for discernment)
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To: mylife
"Trump has pissed me off with several unconstitutional gun orders."

You'll really like Biden/Harris then, especially if Democrats get a Senate majority.

Possession of any weapon or ammunition will be illegal in a matter of weeks. The frequent confiscation raids in every community will happen before dawn, and the local media companies will be ready with slander campaigns to villanize the arrestees.

And with a stacked Supreme Court, they won't care about the unconstitutional nature of such laws.

59 posted on 10/10/2020 9:36:14 PM PDT by familyop ( "Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy".)
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To: MHGinTN

I hadn’t thought about 300 Blackout. ...years with M-16s in service followed by living in an area with extreme visibility.

Makes sense. Thanks!


60 posted on 10/10/2020 9:42:51 PM PDT by familyop ( "Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy".)
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