DOJ Finalizes Rule Classifying Gun Parts as Firearms Requiring Background Checks

[Aim1]

Is this legal?

I thought the ATF couldn't make law, only Congress could.






https://www.breitbart.com/politics/...n-parts-firearms-requiring-background-checks/

 

[Mk-211]

Thread on it.

https://www.thehighroad.org/index.p...-new-firearms-rule-on-80-percent-kits.908730/

 

[CapnMac]

I thought the ATF couldn't make law, only Congress could.

There's a huge debate on that, far, far, far, beyond THR's scope and purview.

But, the modern reality is that the Administrative Agencies have had the burden, for many, many decades, on how to enforce the Laws enacted by Congress.

So, they are, to pick a word, "empowered" to create Federal Regulations so as to be able to enforce the Laws duly Enacted.

The presumption here is that 18 USC 922 requires enforcement, and the Agency tasked with that Enforcement, defines the Rules it operates under. Madison, and John Adams especially, would likely be appalled. They are not here to give us counsel on such matters, sadly.

 

[hdwhit]

Congress can authorize an Executive Branch agency to write "interpretive" (which merely explain the Executive Branch's position on the law) or "regulatory" (in which the Executive Branch's position has the force of law) regulations.

It is Congress' choice, not the Agency's.

This is nothing new. It has been going on (in one form or another) for longer than you have been alive.

 

[Robert]

If we have one thread on it we do y need a second.