OK, Trump; you wanna convince you really changed your victim-disarming mind, and are truly a hardcore RKBA supporter now.
Do it. John Ross. ATF.
Added: Come to think of it, I should be the new NASA director, too.
My first reaction to seeing someone blame gun dealers for a death is to call, “Bulls**t!”
Straw Gun Sales Blamed for Oregon Slaying
Vivian Englund sued World Pawn Exchange and online gun broker J&G II dba J&G Sales on Jan. 7 in Multnomah County Court. She also sued pawn shop owner Richard James Sinatra, and Diane Boyce, the mother of Jeffrey Boyce, who killed Englund’s sister, Kirsten.
But keep reading.
“She came in and said the gun was for her,” Reed said. “We said OK, we can’t prove her wrong. And her background check cleared. Then when the incident happened, the ATF investigated and cleared her and us.”
Englund says the pawn shop let Jeffrey Boyce pay for two of the guns with his credit card. The shop’s invoice for one of the guns states: “SOLD TO: JEFFREY BOYCE FOR TRANSFER,” according to the complaint.
According to the law suit, Boyce was a convicted felon. If I’m reading this right, and the allegations are true, it sure looks like they knew Boyce’s mother wasn’t the actual purchaser. It’s tagged for him and he paid, but they ran the NICS check on mommy?
J&G Sales should be dropped from the suit. They correctly transferred the firearm to an FFL: World Pawn. World Pawn is the one who screwed up, and apparently documented it. I am curious about the pawn shop’s statement that the ATF investigated and cleared them, though. Given the ATF’s willingness to imposed sanctions and lift licenses for any number of minor violations, I have to question the accuracy of the suit’s claims.
Feel free to dispute whether any such laws should be. But if someone chooses to be an FFL and agree to those rules, they bloody well should make some effort to follow them.
I’m looking forward to seeing what comes of this suit.
Actually, there’s still no EO published.
But the ATF has released new “guidance”. Sort of.
DO I NEED A LICENSE TO BUY AND SELL FIREARMS?
Guidance to help you understand when a Federal Firearms License is required under federal law
The guidance set forth herein has no regulatory effect and is not intended to create or confer any rights, privileges, or benefits in any matter, case, or proceeding, see United States v. Caceres, 440 U.S. 741 (1979).
That translates from the Bureaucratese as, “Follow these instructions, and when we bust you anyway, you can’t use us as an excuse. Eff you.”
From what I can tell, nothing has changed. My guess is that someone pointed out that federal law already is very specific as to what constitutes being engaged in the business of selling firearms. But Barrycade had already spouted off so much that they released something “new” to cover his ignorant ass.
Behind the scenes you can expect the ATF to run more gun show stings, bust people who clearly are not engaged in the business, and simply destroy them financially with malicious prosecution. It happened before, and seemed to have tapered off. Expect a major ramp up again. Jarret and Lynch gave the tip off when they said selling even one gun can make you a dealer despite the clear language of 18USC912: “repetitive purchase and resale of firearms”. Be careful out there. They don’t have to win in court; just destroy you. And that appears to be the plan.
In the ’90s, the Dumbocrats took away FFLs because they thought those folks weren’t selling enough guns.
I hope the ATF is ready for the application avalanche. (Not mention a few other things.)
* I knew of these fine folks when I lived in New Hampshire. If you’re in the area, consider doing business with them.
More than likely, if you read my blog regularly (at least, as regularly [sic] as I post),you’ve already heard about the Stag Arms raid by the ATF and accusations that they had unserial numbered receivers. I have a little question about that.
The ATF is gleefully calling out these ee-vil gun runners based on a claim that receivers have to be numbered within seven days (seven days of casting/machining? seven days of heat treating? seven days of parkerizing?). But I’ve been reading through assorted ATF Rulings and Guidebooks, 27 CFR 478.92, and a bunch of sections in 18 U.S. Code. I’ve found some anally-retentive-OCD-level bureaucratically specific requirements: font size, font depth, what all info (there’s a lot more than just the serial number). If an imported firearm has Cyrillic markings that otherwise meet the rules, they still don’t meet the rules (because the ATF’s computers can’t handle international fonts).
But what I plain could not find anywhere in the forementioned resources was word one about when the serial number has to go on, except that it must be there before the item leaves the factory (or importer).
Would someone experienced with the ATF’s rectocranial rules tell me from which asshole they pulled this seven day rule (and seven days from what manufacturing milestone)?