After 42 yrs ATF Reverses......

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  • woundedyak

    Sharpshooter
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    0   0   0
    Aug 22, 2009
    306
    16
    SouthSide
    I'm new to the site so I don't know if this is a repost!

    http://blog.nssf.org/2010/05/atf-rev...-firearms.html

    ATF Reverses Interpretation of GCA; Redefines "Transfers" of Firearms

    Reversing an interpretation of the Gun Control Act that has been on the books for more than four decades, ATF today posted a ruling declaring any shipment of a firearm by a manufacturer (FFL) to any agent or business (e.g., an engineering-design firm, patent lawyer, testing lab, gun writer, etc.) for a bona fide business purpose to be a "transfer" under the Gun Control Act of 1968. As a consequence, legitimate business-related shipments will now require the recipient to complete a Form 4473 and undergo a Brady criminal background check. In many instances, these requirements will force shipments to a third party, thereby lengthening the process and the time that the firearm is in transit.

    ATF officials have acknowledged this is a radical change from ATF’s long-standing interpretation that this was not a "transfer" under the Gun Control Act that was set forth in a 1969 ruling ("Shipment or Delivery of Firearms By Licensees to Employees, Agents, Representatives, Writers and Evaluators.") and further clarified in a 1972 ruling. In other words, ATF is now saying its long-standing rulings, issued shortly after the Gun Control Act was enacted, were wrong. ATF should be required to explain why it took 42 years to decide that its original understanding and interpretation of the Gun Control Act is now somehow wrong. ATF appears to be under the mistaken impression that the Brady Act of 1993 changed what constitutes a "transfer" under the Gun Control Act. Even if this were true - and it is not -- then ATF should be required to explain why it took 17 years to figure this out. ATF itself admits that neither the Gun Control Act nor the Brady Act defines "transfer." There is simply nothing in the Brady Act or is there any other legal reason that compels ATF to now reject 40 years of precedent.

    For more than four decades manufacturers have shipped firearms to agents for bona fide business purposes. ATF is unable to identify a single instance during the past 40 years where a single firearm shipped in reliance upon ATF's rulings was used in a crime. This unwarranted reinterpretation of the law will cause significant disruption and additional costs for industry members and increase the cost of doing business, while doing nothing to advance public safety.
     

    Scutter01

    Grandmaster
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    2   0   0
    Mar 21, 2008
    23,750
    48
    Clearly we need an immediate repeal of the GCA (and let's throw the Hughes Amendment in there while we're at it) so our friends at the BATFE won't have egg on their faces.
     

    Seancass

    Master
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    22   0   0
    Oct 12, 2008
    2,019
    38
    Near Whiteland, IN
    If only we had a system. A system where one party can check another. A system where one party can balance another. I don't know what we could call such a system, but surely some beuraucrat can think of some catchy name for it. You'd think the people who set up this government would have thought of such a thing. If only....
     

    Denny347

    Grandmaster
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    21   0   0
    Mar 18, 2008
    13,459
    149
    Napganistan
    I know that when a LE department buys class 3 firearms, they still have to go through the approval paperwork as a citizen would. Not sure why. They just get to skip the $200 tax stamp.
     

    Garb

    Master
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    2   0   0
    May 4, 2009
    1,732
    38
    Richmond
    Ya are just lying, racist, haters! I7BO told us he does not want out guns yet some common-sense gun laws that is all. But nnnnoooo ya have to go and blame him for everything. :D

    When people start getting real pissed about it, they'll come up with some reasoning to say it was Bush's fault, or global warming. They'll say "We're gonna tax guns and ammo because it's bad for the environment." gunowners = :spend:
     
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