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Writer's pictureGraham Baates

Your Rights At Risk

In the last couple of years it seems the BATFE (commonly referred to by its old name "ATF") has been making more efforts to restrict our Constitutional Rights. The most popular was the recent (and forth-coming) scare over pistol braces.


Another one has been looming that impacts all firearm owners and needs immediate action (prior to 19AUG21). BATFE is trying to redefine what a "receiver" is. The part that is controlled as a firearm and require serialization. Mark Serbu recently made a great short video that explains this quite well.

If you've not participated in an open comment session before the process is quite simple. Click here and explain what you think about the proposed rule. Your comment can be as short or long as you need, just don't copy and paste someone else's comment, we've been told those are systematically removed.


One logical reason to fight this that might appeal to bureaucrats is the immense expense that the proposal would bring. If every AR-15 legally became three firearms that's three times the record keeping and processing that would be needed, three times the potential personnel, data, and infrastructure BATFE would need. It also puts an undue burden on manufacturers and would restrain the supply chain of a tax-revenue generating industry.


Remember, BATFE is not a legislative body, and any ruling they create which is then enforced with law is a violation of the very concept of our nation. BATFE is not comprised of elected representatives. Even if it was, the right of the people to keep and bear arms shall not be infringed.


That link one more time: https://www.federalregister.gov/documents/2021/05/21/2021-10058/definition-of-frame-or-receiver-and-identification-of-firearms


(GBGuns does not have any affiliation with Mark Serbu or Serbu Firearms. This video was used simply because it is well done and concise.)

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Kimball Scarr
Kimball Scarr
14 ago 2021

Graham the post I did on historical precedents of our rights needs some restatement so I will copy here and in sub-reply, with those changes: Arbitrary Acts of Government Violate Hebeas Corpus... 9 parts -Habeas Corpus is the freedom from arbitrary acts of government or in governance. However, it most often is brought to the courts nowadays in extradition hearings, where the court balances your rights to freedom of movement, the conveniences and support afforded in you home state and place of residence, against the states rights, reasons, and strength of case to prosecute the crime you are charged with. These the court balances against the prosecuting states rights to prosecuting crime, strength of case, seriousness of the crime, availability …


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Kimball Scarr
Kimball Scarr
14 ago 2021
Contestando a

Reply 9

Conclusion follows

The answer is Federal Agencies do have legislative powers, and a separate untouchable court system. All Federal Agencies work under this system. In 1946 the Administrative Procedures Act was passed and signed into law by Harry Truman. FDR had been trying to pass this but ran into constant slap downs by the Supreme Court. It has been ruled by liberal leaning Supreme Courts as stare decisis, or settled law. What it did is transfer legislative power of the Congress to the executive branch, and create a separate administrative law along with an agency controlled court system. Congress did this and took solely a role of "oversight". How it works, if an agency creates a new regul…


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Kimball Scarr
Kimball Scarr
13 ago 2021

Graham, you need to read chapter 5 of the US Code. The agencies of the Federal government are separate, have there own rule making, courts, and executive functions. To be very simple in 1946 the Administrative Procedures Act was passed going into law by President Truman's signature. It had largely been opposed by the US Supreme Court but Roosevelt worked very long and hard to over come this and he did. All aspects have settled law. Regulations are agency actions that have the effect of law. When a new regulation in proposed an impact study is done by the executive agency, and a cost to the citizens effected determined, it is placed for public comment, then once these three t…


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