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April 24, 2013, 05:03 PM | #26 |
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As I understand it, we're just not doing links to online petitions and polls. Whether a particular one is "reasonably plausible" is a matter of speculation.
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April 24, 2013, 06:35 PM | #27 |
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this supposedly is something the DOJ and BATFE put together. Not sure how bad this is for us. alot of legaleze.
http://www.gpo.gov/fdsys/pkg/FR-2013...2013-09392.pdf |
April 25, 2013, 07:45 AM | #28 |
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^^^ This is not germane to the importation of small arms of ammunition for them. It's about defining who is responsible for the list of items prohibited for export from the USA.
Willie . |
April 26, 2013, 02:09 PM | #29 |
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Let me attempt to work on this topic from another angle
What power does the ATF have to regulate imported ammunition? What is the flexibility in their determination in what surplus ammunition can be defined as not being intended for sporting purposes? Explain the intricacies in their incorporated judicial body? What powers it has in interpreting ATF guidelines? Is newly made commercial ammunition subject to restriction if it could be determined under ATF rules to not being intended for sporting use? Hopefully this will help to explain what my concerns are. The power of the ATF has already been granted before Obama ever took office, Even some new rules can be instituted under the framework without overstepping the bounds. From my understanding the ATF has its own executive, legislative and judicial bodies that can operate under the power that is given to them. |
April 26, 2013, 02:15 PM | #30 | |
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April 26, 2013, 02:36 PM | #31 |
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Come and Take it - BATFE has no "legislative" or "judicial authority" - it does have limited authority within certain U.S. laws to write and enact regulatory statutes which are intended to add flesh to the bones, so to speak, of legislation passed by Congress but which has inadequate specificity to enforce. Typically such bills are written with language instructing BATFE or whatever the appropriate executive agency might be to write enacting statutes providing more specificity and detail as to how the law can be complied with and how it is to be enforced.
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April 26, 2013, 02:56 PM | #32 |
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Probably one of the most common we run into would be the "Sporting Exception" They get to decide what that means.
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April 26, 2013, 04:43 PM | #33 | |
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Likewise, administrative agencies often have a judicial function. Dispute a social security disability, for example, and your first step is a hearing in front of a hearing officer employed by the Social Security Administration. I assume the ATF or the DOJ employs hearing officers. While parts of decisions can be reviewed by the courts, the courts generally defer to the agency's factual findings and, to a degree, the agency's interpretation of the statutes which it administers. This latter point was an issue in a recent SCOTUS opinion where the minority thought the courts should not defer whatsoever to an agency's legal interpretation. Don't remember the case. |
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April 26, 2013, 05:01 PM | #34 |
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To be more specific how extreme can the sporting interpretation be exercised in the restrictive sense?
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April 26, 2013, 05:11 PM | #35 | |
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This restriction is what keeps out a bunch of M1 Garands sitting in South Korea. The Garands primarily serve two functions today -- collector pieces and match shoots, a sporting purpose. Yet, they're out. |
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April 26, 2013, 05:27 PM | #36 |
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Chinese made rifle and pistol ammunition were banned from import in about 1994 when China received most favored nation trade status.
Three US administrations have banned the importation of long guns citing the "sporting purposes" clause of the GCA 1968. In 1984 the Striker-12 semi-auto shotgun was banned from import: This was the first long gun banned from import. The 1984 ban of the Striker-12 set a precedence for future bans. In 1986 another shot gun was banned from import. In 1989 over 40 milsurp rifles were banned from import. In 1998 certain "assault weapons" were banned from import. Last edited by thallub; April 26, 2013 at 05:36 PM. |
April 26, 2013, 07:35 PM | #37 |
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Than we move on to Eastern European, African, Spanish, Isreali, Russian, Indian etc. etc. surplus military ammunition.
Specifically... can they ban the importation of ordinary full metal jacket military surplus ammunition from these sources? Can they ban the importation of newly manufactured full metal jacket ammunition (labeled for commercial sale) from Russia? under the existing authority of the BATF. |
April 26, 2013, 09:24 PM | #38 | |
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Apparently, Century International (the guys who import most of the SKS/AK-47/Mosin stuff) agree. They have raised their prices roughly 60% across the board. If you want a Romanian WASR/10, it's going to run at least $800 at retail from here out.
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April 26, 2013, 09:37 PM | #39 | ||
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April 27, 2013, 12:20 PM | #40 | ||
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April 30, 2013, 12:07 PM | #41 |
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Obama has not used Executive Orders to implement his policies. Most of his policies have been implemented through arcane rule making by various agencies.
Not all executive orders are published. They may be issued and through a Presidential Finding not be published. Given this administration's fixation on veterans as being potential terrorist, (DHS latest threat assessment) and a belief that all veterans have PTSD (Senator Feinstein) and should not be allowed to own firearms. The President could issue an unpublished EO banning the ownership by veterans by issuing a presidential finding on National Security Grounds. This same logic could be used against many other groups and or objects. |
April 30, 2013, 04:35 PM | #42 | |
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Whelp, there goes the half police in the country. Somebody better start rounding them up. Won't be the government workers though because about half of those guys are vets too.
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April 30, 2013, 09:10 PM | #43 |
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Alabama shooter and Come and take it. You make my point. A simple change buried in the Federal Register or through a National Security finding can have impact far beyond what it appears on the surface.
One only need to look at the problems caused by the Domestic Violence law which, at the time it was enacted, was applauded as a reasonable measure. As one Legislator once said, the devil is in the details. Many Public Safety Measures/ National Security measures can be enacted without the normal 90 day public comment period. The damage can be done before we even are of aware it has been promulgated and way before we can take action in court. We have all read the horror stories of recovering our guns from local law enforcement. Can you imagine the problems of recovering our AR-15s from the BATF if you were to win a court case against them for illegal seizure after a regulation was overturned by a court. |
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