Gun show loophole closing?

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  • COOPADUP

    Accipiter
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    8   0   0
    Aug 8, 2017
    7,119
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    Hamilton County
    Received the below yesterday from the GOA:

    If you’re a member of Gun Owners of America, you’re protected from the ATF’s Universal Registration Check rule until June 2.

    But GOA is leading the fight to protect your Second Amendment rights indefinitely.

    We’re continuing to battle the ATF in court to rip apart this new rule that enables Biden to build his gun registry and set our country down the path of gun confiscation.

    With the Second Amendment hanging in the balance, we need to wage this war on every possible front – which is why we now have a critical task for YOU.

    The House and Senate have introduced legislation (H.J.Res. 144 in the House and S.J.Res 83 in the Senate) to overturn the ATF’s unconstitutional rule – but they are still short of the votes necessary to pass in each chamber.

    Right now, GOA needs YOU to pressure your Representative and two Senators to overturn Biden’s new decree that requires a background check on the private transfer of firearms.

    Getting the House and Senate to go on record—voting to repeal this unconstitutional rule—is super important. If successful, it will send a STRONG message to the courts that the people’s representatives oppose this tyrannical rule.

    So please add your name to our pre-written letter urging your Representative and two Senators to overturn the ATF’s tyrannical rule.

    I added my details and name to the letter.
    Let's hope we see this new rule overturned soon !
     

    LtScott14

    Master
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    0   1   0
    Apr 13, 2008
    1,580
    83
    Porter County
    Just wait a little. In WW2, the French resistance took the war to the German Nazi's.
    Wait till the Southerners, Midwesteners, East Coast all start their Resistance Powers. People aren't going easy, if at all. The Dumbocrats may get handed something they can't stop.
    Prep your supplies, may be a long one coming.
    They have earned it over time to be beat.
     

    JAL

    Master
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    0   0   0
    May 14, 2017
    2,422
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    Indiana
    Preliminary Injunction Granted on June 11th. This got lost in the hullabaloo about Cargill's Bump Stocks and the Pistol Brace District Court's Final Judgement.



    The District Court, Northern Court for Texas case Minutes are here:
    https://www.courtlistener.com/docket/68490853/state-of-texas-v-bureau-of-alcohol-tobacco-firearms-and-explosives/

    The Prelim Injunction - 21 pages - is here (also attached):
    https://storage.courtlistener.com/recap/gov.uscourts.txnd.389307/gov.uscourts.txnd.389307.70.0.pdf

    Injunction applies to named plaintiffs which includes GOA.
     

    Attachments

    • Prelim Injunction on ATF Dealer Rule.pdf
      267.5 KB · Views: 0

    shootersix

    Master
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    Mar 10, 2009
    4,524
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    Just curious (tldr)the injunction covers goa members… do the buyer and seller both have to be in goa? Or can just one?
     

    JAL

    Master
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    0   0   0
    May 14, 2017
    2,422
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    Indiana
    Preliminary Injunction Granted on June 11th. This got lost in the hullabaloo about Cargill's Bump Stocks and the Pistol Brace District Court's Final Judgement.
    . . .
    Injunction applies to named plaintiffs which includes GOA.

    Just curious (tldr)the injunction covers goa members… do the buyer and seller both have to be in goa? Or can just one?

    Think logically on the BATFE Rule regarding "being in the business" that was enjoined by the court. It's the seller. The buyer is only affected by other BATFE Rules and Federal Laws regarding whether buyer is a prohibited possessor or the item(s) are Title II weapons.
     

    WebSnyper

    Time to make the chimichangas
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    64   0   0
    Jul 3, 2010
    16,514
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    127.0.0.1
    While GOA continues to fight the ATF in court – and win – we’re also working with our allies in Congress to overturn the ATF’s Universal Registration Check rule that enables Biden to build his gun registry and set our country down the path of gun confiscation.
    TODAY, the House Judiciary Committee is taking up H.J. Res. 144 which would OVERTURN the ATF’s unconstitutional rule that imposes background checks on private gun transfers.
    That’s why GOA needs YOUR help urging your Representative to VOTE to pass H.J. Res. 144 once it advances for a full vote. And we’re also asking you to pressure your Senators to pass S.J. Res. 83 – the corresponding resolution in the Senate.
    Please add your name to our pre-written letters to pressure your Representative and two Senators to pass the resolutions that OVERTURN the ATF’s unconstitutional Universal Registration Check rule.
    GOA has been fighting the ATF’s unconstitutional rule since the moment it was proposed.
    So far, we have secured a restraining order against the ATF, extended that restraining order, and obtained a preliminary injunction for GOA members.
    The preliminary injunction also applies to gun owners in Texas, Louisiana, Mississippi, Alabama and Utah.
    But we will not rest until the ATF’s rule has been completely overturned for ALL Americans.
    Before this new ATF rule took effect, you would only have to undergo an “instant background check” when purchasing a gun through a federally licensed dealer.
    But Joe Biden decided to bypass Congress and mandated that nearly every single person who sells even a single gun become a licensed gun dealer.
    On top of that, nearly every person who purchases a gun privately must register that sale with the federal government.
    If we don’t stop the ATF’s new rule, the Biden Administration will have created a system not only to record the name and address of nearly every gun owner in America, but what guns you own and where they can be confiscated.
    That’s why we’re fighting the ATF’s rule on every possible front – from the courtroom to Congress – to protect both your gun rights AND your privacy.
    And at this critical moment, we need YOUR help pressuring Congress to take action.
    So please, add your name to our pre-written letters to pressure your Representative and two Senators to pass the resolutions that OVERTURN the ATF’s unconstitutional Universal Registration Check rule.
     

    JAL

    Master
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    0   0   0
    May 14, 2017
    2,422
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    Indiana
    Last edited:

    bwframe

    Loneranger
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    95   0   0
    Feb 11, 2008
    39,004
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    Btown Rural
    SCOTUS drove a stake into the heart of the Chevron Deference Vampire!
    This is the "Loper Bright" Decision!

    Posted more info on it here:
    https://www.indianagunowners.com/threads/scotus-overrules-chevron-deference-6-3-drove-a-stake-into-its-heat-chevron-gone.552008/

    What does that mean? Executive Agencies such as BATFE just got seriously reined in reinforcing the principle that their rulemaking has to have a clear authority from the Constitution and Congressional Acts and cannot legislate.

    It'll be good to hear Guy's and other's take on how this will directly effect us. Also how quickly.

    :rockwoot:
     

    Cameramonkey

    www.thechosen.tv
    Staff member
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    35   0   0
    May 12, 2013
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    Camby area
    It'll be good to hear Guy's and other's take on how this will directly effect us. Also how quickly.

    :rockwoot:
    My money is they will have to be dragged out kicking and screaming. e.g. lawsuits will need to be filed per ruling. One for bumpstocks, one for pistol braces, etc. Otherwise they will simply continue to enforce and not create any new ones.
    Though I could see ATF attempting to continue issuing rulings until they are forced to stop.
     

    bwframe

    Loneranger
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    95   0   0
    Feb 11, 2008
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    My money is they will have to be dragged out kicking and screaming. e.g. lawsuits will need to be filed per ruling. One for bumpstocks, one for pistol braces, etc. Otherwise they will simply continue to enforce and not create any new ones.
    Though I could see ATF attempting to continue issuing rulings until they are forced to stop.

    Correct!

    Besides the fact that they are fighting us with our own money AND they have self preservation at stake. Just look at how many of the Biden job numbers are government jobs. They are building an army to fight the citizenry. Keep us in our place and needing govt everything just to exist.


    :runaway:
     
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    kjdoski

    Sharpshooter
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    47   0   0
    Aug 9, 2021
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    Bloomington, IN
    It's been enjoined in at least one US District Court, FOR parties who were part of the suit (residents of TX and a couple of other states), and members of Gun Owners of America. For the rest of the country, it's technically still a rule, though I seriously doubt ATF is going to take any enforcement actions, ESPECIALLY after the Supreme Court ruled as they did on Chevron Deference.

    Having said all that, AFAIK, for non-GOA members who are citizens of IN, you are still technically "in the business" of selling firearms and NOT conducting required background checks if you're a private citizen (non-FFL) posting firearms for sale online. IANAL, but I'd still tread with caution for the time being.
     
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