The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Thread Tools Search this Thread
Old September 6, 2023, 09:07 PM   #51
dogtown tom
Senior Member
Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,052
Bill DeShivs The Clinton administration also stopped issuing FFLs to homes that were not in an area zoned "commercial."
Yet here I sit in my house zoned "residential".....not commercial. The Clinton Administration did not do what you claim.

Where do ya'll get this stuff?
Certainly not from ATF regulations, because those regulations have NEVER required "commercial" zoning. And home based dealers outnumber those with retail brick and mortar stores....always have.

And they "forgot" to send renewals, and then declared you had to do a new FFL application, go through the screening process/ATF inspection, etc.-even when you tried to renew during the stated grace period.
I was one of them.
I've never waited for ATF to mail me my renewal form.
Need a FFL in Dallas/Plano/Allen/Frisco/McKinney ? Just EMAIL me. $20 transfers ($10 for CHL, active military,police,fire or schoolteachers)

Plano, Texas...........the Gun Nut Capitol of Gun Culture, USA
dogtown tom is offline  
Old September 7, 2023, 09:16 AM   #52
Senior Member
Join Date: December 13, 2005
Posts: 4,425
It is poor rulemaking to permit executive discretion in interpreting the standard it can apply. There's an underlying issue about the character of law in this proposed rule and the rule about pistol braces and SBRs.

Ideally a law is a clear enough that an ordinary person can tell whether he has violated it. Drive on the right unless passing and don't murder seem easy to grasp and let people know when they've exposed themselves to prosecution.

A multipart, alternative description of agency discretion lacks that character. Some of those parts are described as presumptions, but the only enforcement mechanism for those presumptions arises in the course of one's criminal defense. A test that allows a sale of any firearm to bring one within regulation as a dealer can be used to make private sales predominantly illicit and create as a safe harbor use of an existing licensee for an otherwise valid sale. The effect of that sort of safe harbor is a general and federally enforceable background check.

Where a prosecutor can allege that your hobby is a business because you've tracked expenditures and sales in your checkbook register, who would like to let his future freedom rest on the language of that exception?

Where rules become complex or vague, they are more apt to reflect executive discretion. Where peoples' interaction with a law and agency, like being able to operate a kitchen table FFL in the 90s to not being able to operate the same one now because of zoning, or losing an FFL over a typographical error, that shift in executive discretion is a material change as experienced by the people against whom it is enforced.
zukiphile is offline  

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

All times are GMT -5. The time now is 08:02 AM.

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent:
Page generated in 0.04990 seconds with 8 queries