The Firing Line Forums - View Single Post - Story about BATF having new forfeiture authority

KyJim · September 12, 2012, 09:06 PM

I haven't seen it here but have seen reference on another forum I frequent (and many other sites) about the BATF getting new authority to administratively forfeit property (including guns) of any substance abusers. All the hoopla was apparently generated by a story in the Washington Times -- http://www.washingtontimes.com/news/...test-gun-grab/.

I don't have any particular love for the BATF but the story in the Washington Times is misleading. There's a summary of the regulation here -- https://www.federalregister.gov/arti...re-regulations. The BATF already had authority to administratively forfeit any property, including firearms, used in violation of criminal laws which the ATF enforces. I don't see this as giving ATF authority to seize that nice double barrel if you get pulled over for a DUI. The new reg recognizes that ATF is now part of the Department of Justice and provides mundane information such as addresses to contact the ATF and consolidates some procedures within the various agencies in the DOJ (FBI, DEA, etc.).

There were two comments on the rule, one in support and the other by a newspaper organization protesting the move of public notice from newspapers to Internet.

I have not done a detailed comparison but don't think there are any major substantive changes in BATF's authority.

September 12, 2012, 09:06 PM	#1
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	Story about BATF having new forfeiture authority I haven't seen it here but have seen reference on another forum I frequent (and many other sites) about the BATF getting new authority to administratively forfeit property (including guns) of any substance abusers. All the hoopla was apparently generated by a story in the Washington Times -- http://www.washingtontimes.com/news/...test-gun-grab/. I don't have any particular love for the BATF but the story in the Washington Times is misleading. There's a summary of the regulation here -- https://www.federalregister.gov/arti...re-regulations. The BATF already had authority to administratively forfeit any property, including firearms, used in violation of criminal laws which the ATF enforces. I don't see this as giving ATF authority to seize that nice double barrel if you get pulled over for a DUI. The new reg recognizes that ATF is now part of the Department of Justice and provides mundane information such as addresses to contact the ATF and consolidates some procedures within the various agencies in the DOJ (FBI, DEA, etc.). There were two comments on the rule, one in support and the other by a newspaper organization protesting the move of public notice from newspapers to Internet. I have not done a detailed comparison but don't think there are any major substantive changes in BATF's authority.