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Old September 6, 2023, 09:07 PM   #51
dogtown tom
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Join Date: January 23, 2006
Location: Plano, Texas
Posts: 3,052
Quote:
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.




Quote:
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.
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Old September 7, 2023, 09:16 AM   #52
zukiphile
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Join Date: December 13, 2005
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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.
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