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Posted on 07/12/2024 1:17:57 PM PDT by Oldeconomybuyer
TOPEKA, Kan. (AP) — A federal judge in Kansas has refused to block the nationwide enforcement of a Biden administration rule requiring firearms dealers to do background checks of buyers at gun shows, leaving Texas as the only state so far where a legal challenge has succeeded.
U.S. District Judge Toby Crouse’s ruling this week came in a lawsuit brought by Kansas and 19 other states, three individual gun collectors and a Wichita, Kansas-based association for collectors. They sought an order preventing the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing the rule that took effect in May through the trial of their lawsuit.
Twenty-six states with Republican attorneys general, gun owner groups and individual gun collectors filed three federal lawsuits in May against the Biden administration. The rule is an attempt to close a loophole allowing tens of thousands of guns to be sold every year by unlicensed dealers without checks to see whether buyers are legally prohibited from having firearms. It applies not only to gun shows but also to other places outside brick-and-mortar firearms stores.
Critics contend the new rule violates gun rights protected by the Second Amendment and that Democratic President Joe Biden’s administration doesn’t have the legal authority to issue it. They also argue that the rule will depress gun sales, making firearms less available to collectors and costing states tax revenues.
(Excerpt) Read more at apnews.com ...
Ping!
5.56mm
Considering recent Supreme Court decisions expect this evil rule to be sh1tcanned pretty quickly.
Would that law apply to Humper the convicted criminal?
U.S. District Judge Toby Crouse
A Trump Nominee...................
People aren’t knowledgeable enough to know an FFL has to run the background checks.
I have never seen a table at a gun show that had an unlicensed dealer selling. There are tables where they sell other items besides firearms, but everyone selling guns is an FFL.
Probably organizers of the show wouldn’t allow it.
Basically They want to declare anyone who sells a firearm
an un-licensed dealer subject to arrest...
You know that’s the plan.
It still baffles me how a President can simply overrule state and federal legislative laws. When did the people just surrender that power? What SCOTUS ever ruled that was legal.
I get that it is a power grab but the legal answer should be an instant, resounding NO.
Laws don’t mean anything anymore.
I'm in Tulsa where the largest gun show in America is held twice a year (Wanamacher). ~4,000 tables. It's not against the law for an individual to rent a table and sell his private collection and not be an FFL. I've seen it often.
I realize but that’s not what the law says. Selling one firearm doesn’t make you a dealer.
Silly “rule making” was put to bed with the demise of the Chevron doctrine.
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Hello, Chevron?
I know this "judge" knows about it - he's just ignoring it.
EXCHANGE info at the show.
Do the sale wherever you please.
Then DO NOT pay ANY SALES TAXES
The federal alphabet agencies are not going to roll over and follow the new way. They’re going to act as thought things are the same as ever. BECAUSE THERE ARE NO CONSEQUENCES IF THEY DON’T FOLLOW SUPREME COURT’S EXPLICIT INSTRUCTIONS. They won’t go to jail. They won’t get fired. They won’t even get reprimanded since the heads of these agencies HATE to give up their power over the rest of us.
“It still baffles me how a President can simply overrule state and federal legislative laws. When did the people just surrender that power? What SCOTUS ever ruled that was legal”
He can’t. He has no such authority, but people are afraid to go against illegal edicts.
The ATF and FBI shows exactly what they will do to anyone who goes against their illegal dictates.
Chevron eliminates this crap “rule”. But, that’s O.K. If it goes to the USSC, they’ll just send it back with “We ALREADY TOLD YOU no.”
There is no ‘gun show loophole’. Dealers ALREADY DDD o background checks at gun shows, just like at the store. Individuals do not, just as they don’t if selling out if their garage. Stupid people referring to individual sellers as dealers no more makes them such than calling Joe Stealin a statesman makes him one.
In Washington State it used to be that to be able to buy or sell at a gun show you had to join the gun show club ($15 or something) and they would do a background check and if you passed, then you could buy and sell at the show. (So there was no “loophole”).
They changed the rules in the state so that now ANY “gun transfer” has to go through the federal system, waiting times, etc. It is even clarified in the law that adult family members may not even shoot each other’s weapons at the range or gravel pit or hunting! Although I don’t think anybody has ever been charged with that.
Getting a gun looked at by a gunsmith was impossible unless they knew you as the law was unclear and they didn’t want to have some state officer trap them. The law was later amended to allow people to “transfer” their weapon to a gunsmith for repairs without a FFL.
Yeah, my statement was pretty general, not state specific. Washington libs have lost their minds and the normals are paying for it.
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