Guns, Background Checks, Administrative Law, and the Sixth

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Guns, Background Checks, Administrative Law, and the Sixth

Postby jdege on Fri Oct 29, 2021 6:55 pm

https://reason.com/volokh/2021/10/28/guns-background-checks-administrative-law-and-the-sixth-circuit-michigan-case/
Guns, Background Checks, Administrative Law, and the Sixth Circuit Michigan Case
Traditionally, ATF has declared whether state permits qualify as instant check alternatives by publishing a "Permanent Brady Permit Chart" online and in a "Public Safety Advisory" to a state's federal firearm licensees. In regulating through these informal mechanisms, ATF is doing one of two things, and both are procedurally problematic under the Administrative Procedure Act.

The first possibility is that despite ATF's portrayal of the letters and permit charts as binding, they actually constitute non-binding sub-regulatory guidance from ATF to Federal Firearm Licensees. If that is the case, Michigan gun stores could just ignore ATF's letter and continue accepting Michigan concealed pistol licensees as alternatives if they were certain that the licenses met the requirements of the Brady Act.

The second possibility—what ATF is likely doing—is issuing binding rules (or conducting binding adjudication) without public notice and comment and without the opportunity of affected stakeholders to participate. ATF's letter, which announces "an important change to the procedure [federal firearms licensees] must follow to comply with the Brady [law]," suggests that when ATF determines that a permit does not qualify, ATF considers its determination as legally binding. If so, ATF's determination is "one by which rights or obligations have been determined, or from which legal consequences will flow."
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Re: Guns, Background Checks, Administrative Law, and the Sixth

Postby Holland&Holland on Fri Oct 29, 2021 8:00 pm

Don’t worry, Biden will outlaw guns anyway and it won’t matter.
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Re: Guns, Background Checks, Administrative Law, and the Sixth

Postby Lumpy on Sat Oct 30, 2021 11:07 am

Holland&Holland wrote:Don’t worry, Biden will outlaw guns anyway and it won’t matter.


No need to be so pessimistic, at least for the moment gun rights are gaining ground. It took decades but finally the courts are waking up to the fact that "The Embarrassing Second Amendment" really does prohibit the sort of bans-disguised-as-regulation the antis have pushed for so long.
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Re: Guns, Background Checks, Administrative Law, and the Sixth

Postby Holland&Holland on Sat Oct 30, 2021 11:53 am

Lumpy wrote:
Holland&Holland wrote:Don’t worry, Biden will outlaw guns anyway and it won’t matter.


No need to be so pessimistic, at least for the moment gun rights are gaining ground. It took decades but finally the courts are waking up to the fact that "The Embarrassing Second Amendment" really does prohibit the sort of bans-disguised-as-regulation the antis have pushed for so long.

I think you are too trusting in a document that half the country no longer believes in. The socialists have positioned themselves to ensure they retain power in the foreseeable future. There will be significant consequences to that.
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Re: Guns, Background Checks, Administrative Law, and the Sixth

Postby Bearcatrp on Sat Oct 30, 2021 4:30 pm

With the new laws being crafted under the department of health, you can bet chit is about to hit the fan.
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