Videos tagged with Proposed Rulemaking
The Department of Justice (DOJ) and ATF are reportedly revisiting and revising the 'frames and receivers' rule and the 'engaged in the business' rule. This follows the DOJ voluntarily dismissing its appeal in a Fifth Circuit case against the ATF, indicating the current rules are on shaky legal ground. A new notice of proposed rulemaking is expected, suggesting a strategic retreat by the government to avoid a definitive court loss and to re-attempt regulation with a revised approach.
The United States Postal Service is proposing a new rule that would allow handguns to be mailed under specific conditions, reversing a long-standing interpretation of federal law. This change stems from a Department of Justice Office of Legal Counsel opinion deeming the previous ban unconstitutional as applied to lawful firearms, citing historical tradition under the Second Amendment as established in NYSRA v. Bruen. The proposed rule clarifies definitions and outlines requirements for mailing firearms, including compliance with federal and state laws, unloaded status, and tracking.
The ATF has indicated in a legal filing that they are preparing a new notice of proposed rulemaking concerning the 'engaged in business' rule. This announcement was made in a joint status report for the Florida v. ATF case. The specifics of this new proposed rule are currently unknown, but it is related to the subject matter of the previous 'engaged in business' rule.
This video discusses a congressional letter opposing ATF proposed rule NPRM 2022-17, which aims to redefine 'Engaged in the Business' as a firearms dealer. The speaker, drawing on their experience, explains how this rule could lead to mandatory licensing for individuals selling firearms and the creation of a federal registry. The content highlights concerns that the rule, influenced by the Bipartisan Safer Communities Act, may undermine Second Amendment rights by expanding background check requirements and regulating sales of leftover inventory.
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