"A well regulated Militia, being necessary to
the security of a free State, the right of the people to keep and
bear Arms, shall not be
infringed." |
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05-28-2010, 07:50 PM
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#1 |
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Senior Member
Join Date: Dec 2005
Location: North Central AZ
Posts: 20,718
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ATF Changes Rules Of The Game
Presumably this expands the owner database -
 http://blog.nssf.org/2010/05/atf-reverses-interpretation-of-gca-redefines-transfers-of-firearms.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+NSSFBlog+(NSSF+Blog ATF Reverses Interpretation of GCA; Redefines "Transfers" of Firearms Reversing an interpretation of the Gun Control Act that has been on the books for more than four decades, ATF today posted a ruling declaring any shipment of a firearm by a manufacturer (FFL) to any agent or business (e.g., an engineering-design firm, patent lawyer, testing lab, gun writer, etc.) for a bona fide business purpose to be a "transfer" under the Gun Control Act of 1968. As a consequence, legitimate business-related shipments will now require the recipient to complete a Form 4473 and undergo a Brady criminal background check. In many instances, these requirements will force shipments to a third party, thereby lengthening the process and the time that the firearm is in transit. ATF officials have acknowledged this is a radical change from ATF’s long-standing interpretation that this was not a "transfer" under the Gun Control Act that was set forth in a 1969 ruling ("Shipment or Delivery of Firearms By Licensees to Employees, Agents, Representatives, Writers and Evaluators.") and further clarified in a 1972 ruling. In other words, ATF is now saying its long-standing rulings, issued shortly after the Gun Control Act was enacted, were wrong. ATF should be required to explain why it took 42 years to decide that its original understanding and interpretation of the Gun Control Act is now somehow wrong. ATF appears to be under the mistaken impression that the Brady Act of 1993 changed what constitutes a "transfer" under the Gun Control Act. Even if this were true - and it is not -- then ATF should be required to explain why it took 17 years to figure this out. ATF itself admits that neither the Gun Control Act nor the Brady Act defines "transfer." There is simply nothing in the Brady Act or is there any other legal reason that compels ATF to now reject 40 years of precedent. For more than four decades manufacturers have shipped firearms to agents for bona fide business purposes. ATF is unable to identify a single instance during the past 40 years where a single firearm shipped in reliance upon ATF's rulings was used in a crime. This unwarranted reinterpretation of the law will cause significant disruption and additional costs for industry members and increase the cost of doing business, while doing nothing to advance public safety.
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Cacatinae Ursus In Silvis ? |
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06-27-2010, 01:15 AM
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#2 |
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Senior Member
Join Date: Dec 2005
Posts: 178
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They also created new disqualifying misdemeanor standards,non Lautenberg;and made them retroactive to 1994.
Now I have started a VAF appeal to NICS in WV to save my job and RKBA. |
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07-03-2010, 11:04 PM
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#3 |
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Senior Member
Join Date: Dec 2005
Posts: 178
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Unemployed as of 07/07/10@0600am....NH revoked my ASO license until I am no longer DQ'd by this new interpretation of Title 18 section 922.....VAF hearing pending.Same with Bureau of Hearings/Public Safety in Concord NH.....Live Free or Die......right.......
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07-09-2010, 06:00 PM
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#4 |
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Senior Member
Join Date: Dec 2005
Posts: 178
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Hearing date @NH Bureau of Hearings/Public Safety 07/22/10@11:30 AM.
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07-23-2010, 01:23 PM
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#5 |
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Senior Member
Join Date: Dec 2005
Posts: 178
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Hearing yesterday.No ruling.My attorney pointed out the "G"section of Title 18Section 922 "rights were retired in state where the misdemeanor occurred".My OUI was 1998,FLRB restored my rights in Ma. In 2005.THIS trooper is fixed on "NH has no equivalent to FLRB" so per HIM the 2009 change to 922 requires him to ignore "full faith and credit"and revoke/DISemploy me.....I am simultaneously CLEARED to work Fed contracts as an armed PSO and disqualified.If they rule for me-right back to work.If not,appeal in District Court and wait for the NICS VAF appeals team to get to me.154 day backlog.
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