DC Court of Appeals Upholds ATF Long Gun Reporting Requirement

Armorer-at-Law · May 31, 2013, 04:15 PM

The DC Court of Appeals today upheld the AFT requirement that FFLs in states bordering Mexico report multiple sales of certain long guns. In brief summary, it found that the end justifies the means and accepted ATF's word on it that the "end" was a good and effective thing.

Copy of the decision can be viewed and downloaded here: http://www.cadc.uscourts.gov/interne...09-1438691.pdf

MLeake · May 31, 2013, 04:55 PM

Guess it's a good thing Congress specifically denied funding for enforcement... Wonder how they will work around that one?

Dr Big Bird PhD · May 31, 2013, 08:09 PM

"ends justify the means"

That's a cute way of saying "we can do whatever we want as long as we want it."

csmsss · May 31, 2013, 08:29 PM

Well, of course they did! The 1st Circuit is the gummint's friendliest circuit, and DoJ/BATFE practically live in that courthouse.

KyJim · June 1, 2013, 09:52 PM

Somebody refresh my recollection -- this was filed in D.C because?

**Aguila Blanca** · June 2, 2013, 09:08 AM

Quote:

Originally Posted by KyJim

Somebody refresh my recollection -- this was filed in D.C because?

I was wondering the same thing. DC is a long way from the southwestern border states.

**Spats McGee** · June 2, 2013, 10:06 AM

I'd have to do more digging than I have time to do today, but there may be a jurisdictional statute mandating that this kind of thing (challenge to BATFE's rule-making) be brought in the DC Circuit.

Bartholomew Roberts · June 4, 2013, 08:45 AM

Even if there is no statute mandating it, a plaintiff could choose the D.C. Circuit due to challenging a federal agency regulation and typically it is a faster track to SCOTUS review. Since it was one of only two circuits to find an individual right to bear arms prior to Heller; it might also be perceived as more friendly by some.

May 31, 2013, 04:15 PM	#1
Armorer-at-Law Senior Member Join Date: October 29, 2002 Location: Cincinnati, OH Posts: 465	DC Court of Appeals Upholds ATF Long Gun Reporting Requirement The DC Court of Appeals today upheld the AFT requirement that FFLs in states bordering Mexico report multiple sales of certain long guns. In brief summary, it found that the end justifies the means and accepted ATF's word on it that the "end" was a good and effective thing. Copy of the decision can be viewed and downloaded here: http://www.cadc.uscourts.gov/interne...09-1438691.pdf __________________ Send lawyers, guns, and money... Armorer-at-Law.com 07FFL/02SOT

May 31, 2013, 08:09 PM	#3
Dr Big Bird PhD Senior Member Join Date: October 26, 2012 Location: Los Angeles, CA Posts: 779	"ends justify the means" That's a cute way of saying "we can do whatever we want as long as we want it." __________________ I told the new me, "Meet me at the bus station and hold a sign that reads: 'Today is the first day of the rest of your life.'" But the old me met me with a sign that read: "Welcome back." Who you are is not a function of where you are. -Off Minor

June 2, 2013, 10:06 AM	#7
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	I'd have to do more digging than I have time to do today, but there may be a jurisdictional statute mandating that this kind of thing (challenge to BATFE's rule-making) be brought in the DC Circuit. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

May 31, 2013, 04:55 PM	#2
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	Guess it's a good thing Congress specifically denied funding for enforcement... Wonder how they will work around that one?

May 31, 2013, 08:29 PM	#4
csmsss Senior Member Join Date: October 24, 2008 Location: Orange, TX Posts: 3,078	Well, of course they did! The 1st Circuit is the gummint's friendliest circuit, and DoJ/BATFE practically live in that courthouse.

June 1, 2013, 09:52 PM	#5
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	Somebody refresh my recollection -- this was filed in D.C because?

June 4, 2013, 08:45 AM	#8
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Even if there is no statute mandating it, a plaintiff could choose the D.C. Circuit due to challenging a federal agency regulation and typically it is a faster track to SCOTUS review. Since it was one of only two circuits to find an individual right to bear arms prior to Heller; it might also be perceived as more friendly by some.