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Howard Nemerov


May 31, 2013 - 2:56 pm

Reuters reports that the U.S. Court of Appeals for the District of Columbia Circuit has ruled that the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) can obtain sales data when people buy multiple rifles. This ruling is from the challenge by gun shops in the southern border states of California, Arizona, New Mexico, and Texas.

This means the Obama administration can end-run around Congress and make rules like this, which applies to semi-automatic rifles using detachable magazines.

Firearms retailers, along with the National Shooting Sports Foundation, sued to block this rule. The DC court ruled that the Gun Control Act of 1968 “unambiguously authorizes” this rule, and it’s therefore not “too burdensome” for retailers. Though Congress unambiguously passed legislation that the ATF cannot create a firearms registry, this Obama rule violates that law.

In an email interview, the National Shooting Sports Foundation said they’re currently reviewing their options. They also noted: “There are two similar cases still pending in the 5th and 10th circuits.”

Former civilian disarmament supporter and medical researcher Howard Nemerov investigates the civil liberty of self-defense and examines the issue of gun control, resulting in his book Four Hundred Years of Gun Control: Why Isn’t It Working? He appears frequently on NRA News as their “unofficial” analyst and was published in the Texas Review of Law and Politics with David Kopel and Carlisle Moody.

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Gun shows and other private sales. Appeal to the S.Ct.
1 year ago
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