A Texas firearms dealer is suing the Bureau of Alcohol, Tobacco, Firearms and Explosives over an agency scheme to use a legal loophole to shut down gun sellers.
“Central Texas Gunworks owner Michael Cargill has filed a federal lawsuit against the Bureau of Alcohol, Tobacco, Firearms and Explosives alleging that the government agency is abusing its powers under the Gun Control Act of 1968 to shut down federally licensed firearm retailers for minor clerical and paperwork errors; a practice that Cargill's attorneys say ignores the actual law,” reports BearingArms' Cam Edwards.
The federal Gun Control Act allows the ATF to revoke federal firearms licenses from retailers who “willfully” neglect to maintain records on buyers, a law intended to shut down those who knowingly sell firearms to criminals.
Within federal law, a “willful” violation is generally understood to mean an act is carried out with the intent of violating the law. Many times the text of a law will expressly define the term as that, not trusting government agents or courts to come up with their own definition.
But the Gun Control Act does not expressly define “willful,” which the Biden administration is using to go after retailers who make simple paperwork errors, even if there is no intent to violate the law or an illegal sale.
This scheme to shut down gun retailers, which appears to be part of a larger effort to eliminate private gun ownership, comes after the Biden administration's Acting Assistant Director of the ATF, George Lauder, issued a memo to agents to begin revoking licenses for a single infraction, apparently without regard to intent.
The Washington Times reports:
Since then, revocations have increased over 500%, as the ATF has effectively written the word “willful” out of the statute by instituting a policy of revoking FFLs for inadvertent paperwork errors. This new definition of “willful” violates the plain language of the governing statute and puts all law-abiding licensees at risk of revocation for minor and inconsequential paperwork errors that do not pose a threat to public safety, nor result in prohibited possessors obtaining firearms.
“Cargill is now seeking a declaration from the federal judiciary that the ATF's new enforcement policy violates the Gun Control Act, as well as a permanent injunction preventing the DOJ and ATF from ‘ignoring the Act's requirement that violations be willful,'” Edwards reports.
The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.
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I am sick and tired of this a**hole Biden disobey every law he can to strike out at the owners of legal firearms as well as the people who sell them or finance their acquisition. What part of “THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED”. It seems very easy to understand and the United States Supreme Court has reaffirmed this over and over but this this putz just keeps trying and trying. He was not elected legally and he is a crim,inal. Why is he still in the White House instead of prison?
Biden and the Fascist Democrats want to infringe on any and all of our rights as well as the rights of the entire Free World.
And the GOP sit on their thumbs and spin. It’s all they ever do. Incompetent and worthless.
There is a reason MCConnell has an 8% approval rating. He doesn’t care about you or his constituents. He only cares about his power.
He only cares about pleasing his wife and the CCP’s 5 trillionaire families
Does the output of Democrats improve things?
Stolen elections have consequences.
It’s starting to become painfully apparent that there is something inherently wrong with electing a whole new batch of rats to replace the old batch of corrupt rats in D.C.
We, the people, need to take our country back from the rats. COS – Convention Of States – will go a LONG ways towards achieving our goal.
That would be a great way to lose our asses!!
Paul – the concept of the convention is not a bad thing. The problem is who will be in charge of it and what are their goals? Some of the hype, er propaganda put out about how wonderful this would be leaves a really bad taste in my mouth. Just look at how they plan to rein in (or not) deficit spending. They have been less than stellar in their support for the Second Amendment as well. IOW they need to straighten out their goals BEFORE they try to fix the Republic.
Exactly
Right now a convention of states would be as bad a thinking mail in ballots are a good thing.
They know that’s why there are desperately trying to find a reason to take away all guns
Why certainly the bats should go after very minor clerical errors with guns blazing (not quite yet) since there aren’t any real bad buys out there using illicit firearms to commit all sorts of REAL crimes. Gotta weigh the relative risks, paper cuts against getting shot. Decisions decisions……………..
Communists will be communists.
The Ukraine is showing us that Communists will be Fascists!
The MSM donwplayed that Zylinski banned the opposition parties but still talks of Democracy in the ukeraine
Zylinsii banned CNN for showing the Ukraine troops greet each other with Nazi salutes.
Musk on Twitter has revealed that Zylinski has his tanks welded shut for suicide missions against the Russians. The Rusians are freeing surviving Ukraines form the welded tanks.
Zylinmski is ensuring at least 1,000 forced voulnteers are dying weach day in order to reduce the numbers of young men who would rise up against him….just like Royalty did in WW1 fearing the peasants of Britain and Euorope would depose them.
The Elite/Royalty of the WEF want the NWO to be the Elites ruling the peasants
Feudalism enforce by high tech.
Biden’s regime cannot follow or understand “Shall not be infringed” want to destroy the Constitution
They know full well what is means and are terrified it will be implemented on the deserving as George Bush Sr predicted
“[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table…. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.” ~ Antonin Scalia
If the cops were so, “well trained” they would be able to use fighting skills to subdue a creep, whenever possible.
Watch as many videos as you want and note how many times cops couldn’t physically deal with a perp and resorted to stun guns or pistols. Or shoot them in the back as the suspect escaped.
PLEASE, HUGE egos and no fighting skills are a recipe for disaster.
You should be required to learn urban assault and Akido before the department gives you a gun.
“Well trained”. LOL
P.S. Floyd died of an overdose exasperated by a HUGE ego, tough guy cop.
Scapegoat, yes. DBag, MOST definitely.
Thanks for nothing.
Black Lies Don’t Matter.
Won’t they be surprised when they realize many of us are just as dangerous without guns.
No free speech or rights for Communists and their WOKE terrorists.
…and turtle flailing won’t protect you.
The government will never be able to remove guns from every citizen that owns them. To even try will result in the beginning of that second war for independence that has been talked about for years now. When it comes it will destroy our country, and the United States of America will cease to exist.There’s no better example of why we need to purge all democrats from our government, at all levels, county to federal. If we don’t it will be our fault when we lose all rights that our constitution gave us.
This is what governments do. Before I was fired from a State job (and I am handicapped, so you’d think I’d be reasonably safe), the State of Louisiana had a law where if you didn’t waste your time filling out massive paperwork on everybody’s performance for the year, the employee didn’t get the promised 4% raise. Well, all of a sudden, a small paperwork mistake qualified for “not filling it in at all”. Best job that I was ever fired from. Of course, being from the legitimate private sector, I got quite an education in how our governments, at various levels, “work”, or more likely, don’t work. At least my boss, who treated me like his personal punching bag for 10 years, is dead. Maybe there is still some justice in the world.
Who writes/makes the law? One would assume that the answer is Congress makes the law. Unfortunately, it appears that executive agencies such as the ATF/BATFE and or the president have taken over that important function, heaven help the nation, given that the “work product” of Congress leaves enough to be desired.
The free States of the United States of America need to legislate against the unconstitutional BATF from operating in their states in pursuit of enforcement of regulations and pseudo laws contrary to the 2nd amendment.
Biden and his regime are anti gunners trying anything too destroy the Constitution. First the 2nd what next the first