It was in 2011 that the Obama administration issued a regulation that required gun dealers in California, New Mexico, Arizona and Texas to notify the ATF of anyone who purchased at least 2 semi-automatic weapons in a 5-day period. A gun trade group as well as 2 gun dealers in those states sued the administration over this regulation, saying that they overstepped their legal authority.
The 3-judge panel ruled unanimously yesterday in favor of the ATF requirement, stating that the Gun Control Act of 1968 "unambiguously authorizes the [ATF’s] demand letter." And to concerns by the challengers that the requirement is creating a national gun registry, the judges said that since only 7% of gun dealers are being told to report a relatively small number of people to the feds, it can hardly be considered a “national registry.”
So, gun dealers in those states are supposed to be OK with this, because it applies to only a small percentage of buyers. For now. Maybe next they’ll expand the requirement to states bordering the border states.
Of course, the real irony in all this is the supposed reason the ATF has this requirement. They say they have to have it in order “to stop the flow of guns to Mexican drug cartels.” I laughed out loud when I read that.
Do they really want to stop the flow of guns to Mexican drug cartels? Maybe they should stop running guns to them. Maybe Holder should be held accountable. And no, he shouldn’t be told to investigate himself to find out if he did anything that he deems “illegal.” He’d probably plead the 5th anyway.
He was just trying to find out where all these “illegal” guns were going. And so a few hundred people were killed in the process, including one of our own agents. But you’ve got to break a few eggs to make an omelet, right?
And since we’ve really got to brainwash people about how evil guns are, what better way to do that than to use the Department of Justice-orchestrated gun-running operation to demonize guns themselves and gun-owners?
So that’s the kind of government we have. And they want to act like they’re also trying to “crack down” on gun-trafficking to Mexico? They’re the ones that facilitated it.
And just because gun dealers happen to be in a border state doesn’t mean that their clientele should all be listed as potential criminals. The gun trade group National Shooting Sports Foundation wrote the following in their appeal brief:
“There is no rational law enforcement connection between the problem ATF sought to address — illegal firearms trafficking from the United States to Mexico — and merely conducting a lawful retail firearms business from premises located in one of the border states."
But the judges would hear none of it. They’re less interested in protecting the 2nd Amendment and 4th Amendment rights of Americans and more interested in protecting the reputation of the current, scandalous administration.