Biden’s gun control plan would impose strict regulations on owners of assault-style rifles

Nothing new from the demoncraps, as this idiocy has been rolled out before, but it’s logistically impossible.
There are about 175,000 transferable machineguns on the registry and about 1,500,000 suppressors, not to mention Destructive Devices and Any Other Weapons.
Right now it takes about 8-10 months, at a minimum, for a transfer to be approved by the bureaucraps at the NFA branch of BATFE. As there are an estimated, minimum, 15,000,000 to 16,ooo,000 AR & AK style rifles (10 times) in the hands of the people, any paperwork would take 10 times as long to be completed without a drastic expansion of the NFA branch personnel and budget. Of course, with demoncraps, that’s a feature, not a bug.

Joe Biden is proposing to force owners of assault-style rifles to either sell their firearms through a voluntary buyback program or register them with the federal government under the same law that was first used to strictly control sales of machine guns in the wake of the gangland shootings of the 1920s and ’30s.

The gun control plan that Biden’s campaign unveiled on Wednesday also aims to tackle urban gun violence with an eight-year, $900 million program that would go toward efforts to combat shootings in 40 cities with the highest rates of gun violence.

It would eliminate legal protections that prevent gun manufacturers from being held liable for how their products are used.

NYC seeks to curb speech about illegal aliens

New York City is seeking to use an overly broad ordinance against discriminatory harassment to restrict speech about illegal aliens, such as use of the word “illegal alien” to describe workers or tenants. That violates the First Amendment. Its Commission on Human Rights is targeting such speech in recent “immigration guidance.” The Commission states, “Even an employer’s single comment made in circumstances where that comment would signal discriminatory views about one’s immigration status or national origin may be enough to constitute harassment. The use of the terms “illegal alien” and “illegals,” with the intent to demean, humiliate, or offend a person or persons in the workplace, amounts to unlawful discrimination under the NYCHRL.”

That forbids speech based on its viewpoint, even though the First Amendment, above all else, was intended to prevent viewpoint-based restrictions on speech. And it’s not just employers whose speech about immigration the Commission seeks to restrict. The Commission states, “It is illegal for a person’s employer, coworkers, or housing provider such as landlords to use derogatory or offensive terms to intimidate, humiliate, or degrade people, including by using the term ‘illegal alien,’ where its use is intended to demean, humiliate, or offend another person.” It also cites tenants as an example of people whose speech is restricted.

The city also is trying to forbid most if not all reporting of illegal aliens to the federal government. The Commission forbids such reports if the person making the report is “motivated” by the illegal alien’s “immigration status.” But what other motive could a reporting party legitimately have? The whole reason to report an illegal alien to the federal government is precisely because of their immigration status.

Yet, the Commission bans not just the threat of reporting, but also most if not all actual reports as well. It declares: “Employer threats to call federal immigration authorities can constitute unlawful harassment under the NYCHRL when motivated, in whole or in part, by animus related to the employee’s actual or perceived immigration status….While reporting a violation of the law to the police is otherwise permitted, it is a violation of the NYCHRL when such action is taken or threats to take such action are made based solely on a discriminatory or retaliatory motive.”…………..

The Commission threatens to impose $250,000 fines in the guidance, as authorized by the City’s “human rights” ordinance. The Commission also fails to describe any real-world example or situation in which it would be legal under the ordinance to report an illegal alien to the federal government. The specter of such huge fines and no safe harbor for reporting will have a huge chilling effect on citizens, discouraging them from exercising their First Amendment right to petition federal officials to remove illegal aliens.

Senate Republicans Shut Down ATF Nominee
GOP senators wary of Chuck Canterbury’s support for gun control

Chuck Canterbury, President Trump’s nominee to serve as head of the Bureau of Alcohol, Tobacco, and Firearms, is likely to see his nomination withdrawn due to stringent opposition from Republican members of the Senate Judiciary Committee, the Washington Free Beacon learned on Thursday.

“Chuck Canterbury does NOT have sufficient support in the Judiciary Committee and is now expected to be held up instead of getting a vote today,” a GOP Senate aide told the Free Beacon on Thursday morning. “Republican members are (1) Concerned about his stances on gun control, and (2) there is still some bad blood for him flipping the Fraternal Order of Police in support of the First Step Act (after opposing the more moderate version), allegedly in exchange for the ATF Director nomination.”

“His 2A views are bad and he’d lose a lot of votes in committee,” a second Senate source told the Free Beacon. “We expect the White House will pull him given lack of support from Republicans on the Judiciary Committee.”

At least one Republican senator, Utah’s Mike Lee, seemed to agree with this assessment when reached for comment.

“Sen. Lee has concerns about Canterbury’s Second Amendment views and is pleased the markup has been delayed,” Lee’s office told the Free Beacon.

Canterbury, who served as the president of the national Fraternal Order of Police (FOP), was expected to receive a vote out of committee Thursday morning. But his nomination was blocked by conservative Republicans who voiced concerns about his stances on gun control.

Canterbury’s nomination seemed in trouble during his July confirmation hearing when he frustrated Republican senators by refusing to deviate from the official positions of the FOP on gun control. He avoided answering questions about his views on the Second Amendment and even explicitly said he did not understand ATF regulations well enough to say what gun control policies he could or could not implement.

“If you’re not familiar with the process running the ATF, then you are not qualified,” Sen. John Kennedy (R., La.) told him at the time.

It was Canterbury’s views on gun control, however, that sealed the deal. His past support for universal background check proposals and for President Obama’s attorney general Eric Holder were both major stumbling blocks, according to the second Senate source.

While head of the FOP, Canterbury explicitly supported background checks. In a 2013 letter, he told then-Senate Judiciary chairman Patrick Leahy (D., Vt.) that “expansion of background checks on firearm purchasers” was an “absolutely critical” element of “addressing gun violence.”

“We believe the most logical starting point to address gun violence is the expansion of the background check system,” Canterbury wrote on behalf of the FOP. “Incomplete or absent background checks create a gaping hole in the wall between firearms and criminals.”

According to the Bureau of Justice Statistics, just 10.5 percent of gun violence offenders purchased their firearm through a transaction that would be covered by any expanded background check proposal. Additionally, a Free Beacon analysis earlier this year found Colorado’s universal background check law had little effect on the number of checks done in the state, suggesting it was not as effective as advocates claim.

In 2009, Canterbury testified on behalf of then-nominee Holder, calling “his positions, his policy work, and the official acts … consistent with the goals of the FOP.” Holder would go on to oversee operation Fast and Furious, a gun-running investigation where officials allowed guns to be sold to people connected with Mexican cartels in an effort to track their networks. The program was poorly overseen and led to the death of a Border Patrol agent. Critics argued the program’s failure was due to Holder’s negligence.

Opposition to Canterbury also stemmed from his convincing the FOP to change its position on the FIRST STEP Act, the White House’s landmark criminal justice reform bill. The FOP initially opposed FIRST STEP, but changed its view after several revisions.

GOP Senate aides indicated that Canterbury was integral in bringing about this shift and that his work on FIRST STEP helped him clinch the ATF nomination, a view further indicated by Politico reporting in May. The Fraternal Order of Police did not immediately respond to a request for comment.

While GOP aides expect Canterbury’s nomination to be withdrawn, that has yet to happen officially.

The White House did not immediately respond to a request for comment as to its intentions.

ATF Admits No Legal Authority For Bump Stock Ruling

Show of hands, who has been paying attention to the various lawsuits dealing with the ATF’s reinterpretation of Bump Stocks? Because to be completely honest, I haven’t been paying as much attention as I clearly should have been. In their most recent court filing, the ATF has admitted some truly explosive news. Namely, they concede that they do not have the authority to reinterpret the definition of machine guns in the  bump stock ruling under the National Firearms Act (NFA).

ATF Admits No Legal Authority for Bump Stock Ruling

Let’s back up and provide some context. So, on December 26th, 2018, the ATF issued a final ruling on “bump stocks”. A bump-stock is a device that allows an operator of a firearm to simulate automatic fire by muscle power. While previously the ATF had decided that bump-fire or slide-fire stocks were legal devices, they then reclassified them as illegal machineguns. All current owners were ordered to destroy them. If you did not do so, you faced up to 10 years in federal prison.

Naturally, a lot of people became somewhat ticked off that the ATF would seemingly arbitrarily change their ruling to make thousands of Americans potential felons overnight. As a result, many people filed lawsuits. One such lawsuit was filed by the New Civil Liberties Alliance on behalf of plaintiff W. Clark Aposhian.

This Case in Particular

This lawsuit rests on a fairly straightforward presumption. The complaint states that since all legislative powers lie with Congress, the ATF, as a part of the executive branch, cannot reinterpret statutes to mean something else. Since the law regarding machineguns has not changed, bump stocks can’t be reclassified as machineguns.

There are another 30 odd pages of the original complaint, but that’s about the gist of things. Mr. Aposhian is a law-abiding citizen, the ATF told him that bump stocks were legal so he bought one. The filing states that the ATF lacks the authority to reclassify bump stocks, and thus the ATF has violated Mr. Aposhian’s constitutional rights, as well as exceeding its constitutional remit as part of the executive branch.

ATF Bump Stock Ruling Admission – Why Should We Care?

The million-dollar question. Why do we care? Because as of September 18th, the ATF has written a court brief that admits it exceeded its constitutional remit as part of the executive branch. The court filing states specifically that;

The statutory scheme does not, however, appear to provide the Attorney General the authority to engage in “gap-filling” interpretations of what qualifies as a “machinegun”. Congress has provided a detailed definition of the term “machinegun”…

The New Civil Liberties Alliance, on behalf of Mr. Aposhian, quickly filed a for a preliminary injunction. Essentially, as Mr. Aposhian has suffered “irreparable harm” from the deprivation of his lawfully-acquired bump stock, and the ATF (in the opinion of the Plaintiffs) clearly lacks the authority to cause such deprivation, the Final Rule on Bump Stocks should be struck down.

NCLA Brief

ATF’s Brief on the bump stock ruling is behind a login-wall in the PACER system. It can be found in the 10th Circuit Court’s filings, case number 19-4036, Aposhian v. Barr, et al.


ATF Admits It Lacked Authority to Issue Legislative Rule, NCLA Condemns the Agency’s Attempt to Ban Bump Stocks Anyway

This case is not about whether gun control is a good idea. Rather, Mr. Aposhian’s appeal raises key issues about how an agency may create such a ban—that is, whether agency regulations may contradict a statute passed by Congress. The appeal also challenges the notion that a mere interpretive rule can bind third parties, such as owners of bump stocks.

The bump stock rule made it a new federal crime to own a bump stock, even one purchased with ATF’s prior permission. ATF knows it didn’t have the authority to enact such a law. Instead of defending the rule, ATF now pretends the ban is just a recommendation for the public. NCLA is confident the court will see through ATF’s games and strike down this invalid rule.” Caleb Kruckenberg, Litigation Counsel

ATF is caught between a rock and a hard place. The agency lacks legal authority to issue a so-called legislative rule, but a mere interpretive rule is not legally allowed to bind any third parties outside the government. By ordering half a million bump stock owners to surrender their devices—or face prosecution—ATF has acted in a completely unconstitutional fashion. It is high time for the federal courts to put a stop to this regulatory nonsense.”
Mark Chenoweth, Executive Director and General Counsel

Congress could have passed bipartisan legislation making bump stocks illegal. Instead, ATF has tried to ban them via administrative action in the Bump Stock Final Rule. This Court has a constitutional obligation to strike down ATF’s attempted legislative rewrite. Otherwise, the Executive Branch will usurp Congress’ legislative function in other areas, and the Constitution’s careful limits on how laws are made will be undone.