Biden gun rule being drafted to effectively ban private sales: ATF whistleblowers

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Biden gun rule being drafted to effectively ban private sales: ATF whistleblowers

WASHINGTON – A watchdog group is demanding documents from the Biden administration after a whistleblower claimed that regulations are being developed that would effectively ban private gun sales.

The group, Empower Oversight, said Wednesday that two sources have claimed that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is preparing to propose rules that would require background checks for most or all gun sales.

President Biden has campaigned for stricter gun laws and in August proposed a rule to clarify that people who “repeatedly” sell guns must register as federally licensed firearms dealers subject to background checks.

The revised rules the ATF is said to be creating will be broader, Empower Oversight president Tristan Leavitt said in a series of posts on X.

Empower Oversight “has learned through whistleblowers within ATF that at the behest of the White House, ATF has drafted a 1,300-page document to justify regulations that effectively prohibit the private sale of firearms,” Leavitt wrote.

President Biden in August proposed rules to clarify that people who “repeatedly” sell guns must register as federally licensed firearms dealers subject to background checks. AP

“The whistleblower said the rule was being drafted by Senior Policy Counsel Eric Epstein, who worked as Division Counsel for the Phoenix Field Office during Operation Broad Receiver (the predecessor to Operation Fast and Furious).”

Leavitt added: “Such a sweeping regulation with the effect of banning private sales would clearly violate the Second Amendment of the United States Constitution, which declares that ‘the right of the people to keep and bear Arms, shall be infringed.'”

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Empower Oversight sent a Freedom of Information Act request on Wednesday to the Justice Department and ATF for additional information, including communications with the White House and any Epstein emails involving the alleged scheme.

The revised rules the ATF is said to be creating will be broader, said Empower Oversight president Tristan Leavitt. Getty Images

??? @EMPOWR_us has learned through a whistleblower in the ATF that at the behest of the White House, the ATF has drafted a 1,300-page document to justify regulations effectively banning the private sale of firearms. ?

— Tristan Leavitt (@tristanleavitt) January 31, 2024

Federally licensed dealers must conduct background checks by entering firearm purchaser information into the FBI’s National Instant Criminal Background Check System (NICS).

While the exact wording of the pending proposal has not been released, whistleblower concerns stem from the fact that some sellers may not be able to easily access NICS or may not be aware of the need to do so, putting themselves in legal jeopardy.

The ATF has already interpreted the bipartisan gun law of 2022 enacted after the mass shooting at a Texas elementary school as expanding those who must register as federally licensed dealers to include people who repeatedly sell firearms “for a large profit.” “

Previously, registration only applied to sellers who had “the primary objective of livelihood and profit.”

It’s unclear what carvings — such as the family’s transfer of firearms — might be included in the pending ATF regulatory allegations, which must undergo a public notice and comment period.

It’s also unclear what the current proposed rule would be that would confirm the ATF’s interpretation of the bipartisan reform law.

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The public comment period for the rule ended Dec. 8 — with more than 370,000 contributions.

If the rule is adopted, the Supreme Court, which has expanded gun rights in landmark cases over the past two decades, will likely have the final say. steheap – stock.adobe.com Federally licensed dealers must conduct background checks by entering firearm purchaser information into the FBI’s National Instant Criminal Background Check System (NICS). stock.adobe.com

ATF spokeswoman Kristina Mastropasqua was not directly involved with the whistleblower’s allegations, but told The Post that the bureau “reviewed and analyzed each and every one” of the comments on the previous proposal.

“Because the proposed regulation is still going through the process, we cannot comment further,” he said.

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A bold new election-year proposal could energize gun control and gun rights advocates ahead of the November general election.

If adopted, the rule would almost certainly face litigation, and the Supreme Court — which has expanded gun rights in landmark cases over the past two decades — would likely have the final say.

The Justice Department did not immediately respond to The Post’s request for comment.

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Source: thtrangdai.edu.vn/en/