Comments to ATF Opposing Bump Stock Restrictions (Round 2)

admin Administrative Law, Firearms Law

Today we submitted another set of comments to ATF opposing its Notice of Proposed Rulemaking which would reverse long-standing ATF policy to determine, in violation of federal law, that a “bump fire” stock constitutes a “machinegun.”  Our comments were filed on behalf of Gun Owners Foundation.  Earlier, on January 18, 2018, we filed comments for GOF on the ATF’s Advance Notice of Proposed Rulemaking.

Link to comments

United States v. Kettler — Reply Brief

Jeremiah Morgan Constitutional Law, Firearms Law, U. S. Court of Appeals, Tenth Circuit

Today, we filed a reply brief responding to the Government’s brief in opposition on behalf of Jeremy Kettler.  Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).  Read our previous discussion of the case and opening brief here.

Read Reply Brief here.

 

Third Set of Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sale Reporting

Jeremiah Morgan Administrative Law, Firearms Law

Today, our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation, expressing opposition to the ATF’s continuing effort to require federally licensed firearms dealers (FFL’s) to report to ATF information regarding the sale of multiple rifles.

Purportedly concerned about firearms being trafficked to Mexican drug cartels, about six years ago ATF created a new requirement that all FFLs located in the four southwest border states (California, Arizona, New Mexico, and Texas) must report to the ATF any sale to a single person of two or more rifles within a five day period. Read More

United States v. Kettler

Michael Harless Constitutional Law, Firearms Law, U. S. Court of Appeals, Tenth Circuit

Today, we filed a brief in the U.S. Court of Appeals for the Tenth Circuit as co-counsel for the defendant, Jeremy Kettler. Mr. Kettler was convicted in federal district court of possessing a firearm noise suppressor that was not registered to him pursuant to the National Firearms Act (“NFA”).

In purchasing his suppressor, Mr. Kettler had relied on the Kansas Second Amendment Protection Act which states that a firearm or firearm accessory (such as a suppressor) that is manufactured, owned, and kept entirely within the borders of Kansas is not subject to any federal law. When Mr. Kettler revealed that he purchased such a suppressor, however, agents from the Obama Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) swooped in to make an example of Mr. Kettler, and his co-defendant Mr. Cox. Read More

GOA/GOF Comments to ATF on Proposed Changes to Form 7

Michael Harless Firearms Law

Today, our firm filed comments with the Bureau of Alcohol Tobacco and Firearms (“ATF”) in response to the ATF’s proposal to combine the federal application to be a firearms dealer (“Form 7”) with the application to be a Collector of Curios and Relics.  As our comments pointed out, ATF’s proposed new combined form is an attempt to combine apples and oranges.  Dealers (businesses) are nothing like collectors (private persons).  The proposed form is complicated and unclear as to which sections apply to which license.  Moreover, the proposed form eliminates current language which is helpful to a person knowing whether or not he needs to apply for a license.  Our comments were filed on behalf of Gun Owners of America, Inc. and Gun Owners Foundation. Read More

GOA/GOF Comments to ATF on Proposed Changes to Form 4473

Michael Harless Administrative Law, Firearms Law

Today our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation opposing the proposed changes to the Form 4473, a form ATF claims continues to be necessary, though it is not required by any federal law.

Our comments explain how the proposed additions to the Form 4473 are unnecessarily confusing and often unauthorized.  The form is already complex, presenting a legal hurdle for law-abiding Americans wishing to exercise their Second Amendment right.  If ATF does not eliminate the Form 4473, it should, at a minimum, seek to simplify rather than further complicate the form. Read More

GOA/GOF Comments to ATF on Secure Gun Storage

Michael Harless Administrative Law, Firearms Law

Today our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation opposing proposed regulations issued by ATF to require not only firearms dealers, but also manufacturers and importers, to certify that secure gun storage or safety devices are maintained anywhere firearms are sold.

Our comments explain how ATF’s proposed regulations would purportedly “implement” provisions of federal law; however, the regulations would actually rewrite federal law to further the goals of ATF. Read More

Comments filed with Bureau of Alcohol, Tobacco, Firearms & Explosives opposing Multiple Rifle Sale Reporting (take two)

Michael Harless Administrative Law, Firearms Law

For the second time in as many months, our firm filed comments on behalf of Gun Owners of America, Inc. and Gun Owners Foundation, expressing opposition to the ATF’s continuing effort to require federally licensed firearms dealers (FFL’s) to report to ATF information regarding the sale of multiple rifles.

Purportedly concerned about firearms being trafficked to Mexican drug cartels, three years ago ATF snuck past the courts a requirement that all FFLs located in the four southwest border states (California, Arizona, New Mexico, and Texas) must report to the ATF any sale to a single person of two or more rifles within a five day period. Read More

Gun Owners of America & Gun Owners Foundation Comments to ATF on “Adjudicated as a Mental Defective”

Michael Harless Administrative Law, Firearms Law

President Obama announced that his Administration would do all in its power to stop gun violence. By that he seems to have meant reducing private ownership of firearms. Now, it turns out that he is not just doing things within his presidential power to achieve that objective – he is usurping legislative power to amend statutes unilaterally.

On January 7, 2014, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), issued Proposed Rules designed to vastly increase the number of Americans prohibited from owning firearms, including many U.S. Veterans, by changing the meaning of words contained in laws passed by Congress. Read More

Comments to ATF on NFA Weapons

Michael Harless Administrative Law, Firearms Law

Today, our firm submitted comments on behalf of Gun Owners of America and Gun Owners Foundation to the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) opposing an ATF Notice of Proposed Rulemaking.

ATF’s proposed rule PR would change the requirements for applications to make or transfer certain National Firearms Act firearms and devices. Many CLEOs are opposed to an armed citizenry and, for that reason alone, simply refuse to sign NFA paperwork for any persons in their jurisdiction. However, under current rules, a person can still obtain an NFA weapon by using a trust or corporation. Under proposed rulemaking, though, the Obama ATF would require trusts and corporations to submit photographs, fingerprints and chief law enforcement (“CLEO”) approval for every “responsible person” connected with the trust or corporation. Read More