Jim Jordan (R-OH), the Chairman of the House of Representatives Committee on the Judiciary and Subcommittee on the Administrative State, Regulatory Reform, and Antitrust Chairman Thomas Massie (R-KY), have invited the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Director, Steve Detttlebach to testify in front of Congress on April 26.
Representatives Jordan and Massie have questions about the ATF’s rulemaking process. The Committee requested multiple documents about the ATF’s rulemaking process and the agency’s effort to regulate firearms without going through the proper channels in Congress. The Committee has additional questions that it wants Dettlebach to answer in person.
“The Committee on the Judiciary continues to conduct oversight of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). We have written the ATF with several requests for information and documents regarding the agency’s efforts to regulate firearms through the rulemaking process. We have additional questions, for which we write to request testimony from relevant ATF employees,” the request said.
In a letter sent to Mr. Dettlebach, the Congressmen accused the ATF of a lack of transparency. The letter highlights the ATF’s attempt to circumvent Congress through the rulemaking process. The ATF has used rulemaking to advance the political agenda of former President Donald Trump and current President Joe Biden.
The ATF, under President Trump, used its rulemaking powers to designate bump stocks as machine guns even though bump stocks do not meet the definition of a machine gun under the National Firearms Act of 1934 (NFA). Recently the Fifth Circuit Court of Appeals ruled 13-3 that the ATF violated the Administrative Procedures Act (APA) in the Cargill case. The case was sent back to the District Court to rule in favor of Michael Cargill and issue the proper relief. The District Court ruled in favor of Mr. Cargill but defied the Circuit Court by not issuing relief.
Under President Biden, the ATF has used rulemaking to change the definition of a firearm to include parts that can be used to build a firearm. The frames and receivers’ rule were meant to shut down the making of unserialized firearms that the White House calls “ghost guns.” Multiple companies have received court-ordered preliminary injunctions against the rule, including the market leader, Polymer80. Once again, the Courts found the ATF violated the APA.
Biden also ordered the ATF to target pistol-stabilizing devices. The agency created a rule that any firearm with a stabilizing device would be considered a short-barreled rifle (SBR) and thus regulated under the NFA. By the ATF’s own admission, several million pistol braces are in the country, making them in common use. The ATF faces several legal challenges to the final rule surrounding the pistol braces.
The Committee also wants to question Dettlebach on the ATF’s “zero-tolerance” policy that has caused federal firearms licensees (FFL) revocations to increase by 500%. At the behest of the Biden Administration, the ATF has started shutting down FFLs over basic clerical errors. Biden claimed this move was to act against “rogue gun dealers,” but it seems to go much deeper. With some dealers doing thousands of transactions a month, mistakes can happen. The Industry Operations Inspectors (IOI) no longer have the discretion to decide what is an innocent error and a willful disregard for the law.
“The ATF’s lack of transparency comes after the agency issued a final rule banning stabilizing pistol braces, and as the agency continues to shut down lawful businesses through the ‘zero-tolerance’ policy for federal firearms dealers (FFLs). Just last year, the United States Supreme Court held in West Virginia v. Environmental Protection Agency that under the major questions doctrine, ‘given both separation of powers principles and a practical understanding of legislative intent, the agency must point to ‘clear congressional authorization’ for the authority it claims.’ This ruling raises serious doubts about ATF’s ability to regulate pistol braces absent a clear mandate from Congress,” the letter said.
In addition to Dettlebach, the Committee wants transcribed interviews from Daniel Board, Chief of Staff, Justin O’Connell, Acting Assistant Director, Public & Government Affairs, and Megan Bennett, Deputy Assistant Director.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
Useless congress critters should make FBATFE destroy their illegal gun registry and fire all involved with it, as well as issue massive fines. Also revoke the Unconstitutional NfA in its entirety, and the Hughes amendment which they had no authority for and which didn’t pass the voice vote. Then I might consider supporting them for re-election rather than ousting.
Destroying it would be impossible. It is in the digital realm, many backups exist. Not just domestic, but very likely in Russia, China, lran, etc.
“…many backups exist. Not just domestic, but very likely in Russia, China, lran, etc.”
Quite the vivid imagination you got there. Lay off the blunts for a while. Your mind will thank you later.
mm; A while back there was an article that explained how the atf was “providing” foreign governments with the information of American gun owners.
Yeah, foreign governments such as “Canada, Mexico, the Caribbean, most of Central America, parts of Western Europe, Australia, and Japan.” In other words, our “friends.” Nothing about Russia, China, Iran or the rest of our “enemies.” I read the same article. https://www.gunowners.org/12212022/ First off, if they want to do it they’ll do it and there’s really not much we can do about it. Secondly, who cares? Are you people so damn paranoid you’re hunkered down in your bunkers waiting for the Canadians or the Japanese to invade us? Really? Lay off the blunts and wipe the white shit off your… Read more »
Dementia Joe is clueless. Congress has no authority to pass a single gun law restricting ownership, possession, commerce of arms, features of firearms, styles and calibers, magazine limits or anything else. All gun laws are unconstitutional infringements.
It was a huge mistake by the Senate to confirm Dettelprick. Really, it’s been a mistake to confirm any of McSniffy Schitz-His-Pants’ Appointees and Nominees, and I include Justice Jumanji Jackson-Brown in that statement.
The word “honorable” in front of these Constitutional LAW BREAKERS go AGAINST the Constitution of “giving politicians” specific TITLES! Dettlebachhh IS a “Director” even though he is “JUST FOLLOWING ORDERS”. This man can be called “director” or “Mr.” —- P E R I O D !
Obama and his crew are still making policy for Biden. To think that Biden’s biggest challenge these days is to miss the toilet seat and pee on the floor.
If the FBI would only charge Hunter with lying on his 4473……..He has been under investigation for how long? If his name was Hunter Trump, he would have already had half his sentence served. The ATFshould be abolished along with the FBI and the NFA should be trashed.
It is outrageous to consider formal instruction or even available instructions on how to fill out a form as evidence of a clerical error being a willful violation and sufficient reason to revoke a FFL. If any of you have a representative on the House Judiciary Committee or the Subcommittee on the Administrative State…, make certain they are aware of the ATF internal letter posted on SCRIBD (http://www.scribd.com/document/625029530/ATF-O-5370-1E-Federal-Firearms-Administrative-Action-Policy-Procedures) which was revealed by Crump in his zero-tolerance article linked above (http://www.ammoland.com/2023/02/new-leak-shows-the-atfs-plan-to-revoke-ffl).
News just in: Trump has been indicted!
I guess I must have missed something? Yesterday from Ope: Oldman, it’s started!!!!! A response from my announcement above.
We all hope Dettelbach gets pushed into his seat like he’s in a rocket sled.
“request”……LOL!!!
If congress really wanted to do the right thing, they’d repeal the unconstitutional NFA. That alone would all but put the ATF out of our 2A business, so they could resume running guns to the Mexican cartels.
I can’t post my comments or thoughts. Rumor is the Cartel Sicarios work pretty cheap though.
Congress —- REQUESTS?? —- the LEAD SYCOPHANT of Biden at the aft to come and speak? BULL HOCKEY!! This dottlebachhhh should be subpoenaed to show up and respond to the ILLEGAL ACTIVITIES of the aft/aft/nfa/gca/etc. contrivances!!! IF he does not SHOW-UP Send the SHERIFF and ARREST this TYRANNICAL SYCOPHANT!!!!! BOOK him, throw him in jail as the Jan. 6th PATRIOTS have been treated. THEN bring him to the House of Representatives — IN CHAINS and dressed in striped, pink or orange prison garb!!
obongo was NEVER a legitimate president. “Conservatives” are and have been far too polite. Every alleged “representative”/ parasite that abetted obongo is laughing at “us” for being such PU$$1ES.
We are getting what we have earned
Tis hard to be HONESTLY represented by a bunch of DemoKKKratic National COMMUNIST Committee members when they are soundly and numerically ENTRENCHED !!!! I do believe a lot of ameriKans have not idea about the
ON-GOING ATTEMPTED COUP and what is being done to America!!!