Posted: March 21, 2017 Filed under: Law & Justice, Mediasphere, U.S. News | Tags: Congress, Democratic Party, GOP, Merrick Garland, Neil Gorsuch, SCOTUS, Senator Al Franken, Supreme Court
Posted: March 15, 2017 Filed under: Mediasphere | Tags: Autonomous car, Barack Obama, Congress, Donald Trump, Environmental law, Federal Register, National Highway Traffic Safety Administration, President of the United States, Regulatory Dark Matter, Twitter
‘It’s uncertain how many federal regulatory agencies exist.‘
Ethan Barton writes: Government agencies use “regulatory dark matter” to insert themselves into everyday life without congressional or public approval, a conservative nonprofit watchdog group reported Tuesday.
“The problem with regulatory dark matter is that it allows the executive branch of our government to rule sectors of our economy through mere announcements, rather than actual lawmaking or even proper rule-making.”
Federal regulatory orders include presidential and agency memoranda, guidance documents, bulletins and public notices that don’t require prior congressional consent, and empower the government to interfere in business and personal lives, according to the Competitive Enterprise Institute report.
“There are hundreds of ‘significant’ agency guidance documents now in effect, plus many thousands of other such documents that are subject to little scrutiny or democratic accountability.”
“Congress needs to take back its authority over federal agencies,” CEI Vice President Clyde Wayne Crews Jr. said. “The problem with regulatory dark matter is that it allows the executive branch of our government to rule sectors of our economy through mere announcements, rather than actual lawmaking or even proper rule-making.”
Crews praised President Donald Trump’s efforts to curb government regulations, but said agencies “can still create dark matter behind the scenes,” and that additional congressional action is needed to curb the problem.
Recent examples of federal regulatory dark matter include Obamacare mandate waivers that extended employer mandate deadlines, Department of Justice guidance on transgender students, and the National Highway Traffic Safety Administration’s driverless car guidance.
“Congress lacks a clear grasp of the amount and cost of the thousands of executive branch” dark matter regulations, the CEI report said … (read more)
Source: The Daily Caller
How do regulations get made? Agencies have to follow specific procedures, first outlined in the 1946 Administrative Procedure Act. The trouble is that many agencies simply ignore the law. Wayne Crews documents several cases of such procedural abuse in his new paper, “Mapping Washington’s Lawlessness 2016: A Preliminary Inventory of ‘Regulatory Dark Matter.’”
The rulemaking process has been updated and amended over time, and it can get technical. But the basic principles are pretty simple. For a detailed look at the process, see Susan Dudley and Jerry Brito’s excellent primer. Wayne’s point is that more and more often, agencies are ignoring proper procedure. Perhaps folks at the EPA, HHS, and other agencies should read Dudley and Brito.
The first principle is that only Congress can legislate. Agencies can’t just unilaterally issue regulations; Congress has to pass legislation directing them to issue rules. Agencies do have some discretion, but their regulations do have to have statutory authority. More and more, agencies are flouting Congress and acting on their own. In 2014, Congress passed 224 laws—while agencies issued 3,554 regulations. Recent examples of non-congressional legislating include net neutrality, carbon emissions, and subsidies to health insurance exchanges—which led to the King v. Burwell Supreme Court case.
Another principle is public participation and transparency. Before a new regulation can take effect, an agency has to publish a proposed version of the rule in the daily Federal Register. Once it’s published, that opens a comment period where anyone, from the general public to policy experts, can submit comments about the rule. Comment periods vary, but typically last from 30 to 90 days. Agencies are required to respond and take into account the public’s comments before the final version of the regulation takes effect. Read the rest of this entry »
Posted: February 28, 2017 Filed under: Breaking News, Mediasphere, Politics, U.S. News, White House | Tags: Congress, Donald Trump, Illegal immigration, Joint Session, journalism, media, New York City, New York Post, news, Obamacare, Tabloid
“The time for small thinking is over,” he said in the Capitol Hill speech. “The time for trivial fights is behind us. We just need the courage to share the dreams that fill our hearts. The bravery to express the hopes that stir our souls. And the confidence to turn those hopes and dreams to action.”
“I am calling on all Democrats and Republicans in Congress to work with us to save Americans from this imploding ObamaCare disaster.”
Trump emphasized his effort to rework ObamaCare with a new plan he hoped would “expand choice, increase access, lower costs and, at the same time, provide better health care.”
“I am calling on all Democrats and Republicans in Congress to work with us to save Americans from this imploding ObamaCare disaster,” said Trump. Read the rest of this entry »
Posted: February 10, 2017 Filed under: Law & Justice, Mediasphere, Politics | Tags: Chris Coons, Congress, Democrats, Free Beacon, Jeff Sessions, media, news, Senate, Supercuts, United States Senate, video
Posted: January 10, 2017 Filed under: Breaking News, Humor, Mediasphere, Politics | Tags: Attorney general, Bias, Confirmation Hearings, Congress, Jeff Sessions, journalism, Parody, propaganda, Racism, satire, Smear, The Senate
Posted: January 6, 2017 Filed under: Mediasphere, Politics, White House | Tags: America, Congress, Democats, Democracy, Democratic republic, Electoral College, Free Beacon, Joe Biden, Presidential Election 2016, The United States Senate, Votes, Voting
Posted: November 2, 2016 Filed under: Crime & Corruption, Law & Justice, Mediasphere, Politics, U.S. News | Tags: Clinton Foundation, Congress, Email scandal, FBI, James Comey, media, Nancy Pelosi, news, Presidential Election 2016, video
Posted: September 13, 2016 Filed under: Breaking News, Censorship, Crime & Corruption, Law & Justice, Mediasphere, Politics | Tags: 113th Congress, Classified, Congress, Email, FBI, Hillary Clinton, Investigation, Oversight
Posted: June 21, 2016 Filed under: Crime & Corruption, Humor, Politics, Self Defense, Terrorism | Tags: Abraham Lincoln's second inaugural address, California Democratic Party, Congress, Elizabeth Warren, firearms, GOP, Gun control, Guns, Islamism, Orlando Shooting, Parody, satire, Self-defense, Senate
Posted: June 20, 2016 Filed under: Breaking News, Entertainment, Guns and Gadgets, Humor, Law & Justice, Mediasphere, Self Defense | Tags: #2A, AR-15, Congress, Democratic Party, Dianne Feinstein, firearms, First Amendment, Gun rights, satire, The Onion, The Senate
WASHINGTON—Staring down in shock at her empty hands where the piece of legislation had been only seconds earlier, Sen. Dianne Feinstein (D-CA) was reportedly left horrified Monday after her gun control bill disintegrated immediately upon crossing into the Senate chamber.
“I was just walking in from my office holding the bill like this, and as soon as I stepped through the doorway, it just crumbled to nothing,” said an alarmed Feinstein…(read more)
Posted: May 26, 2016 Filed under: Law & Justice, Mediasphere, Politics | Tags: Congress, Democratic Party, Harry Reid, media, news, Senate, Tom Cotton, video, Washington Free Beacon
Posted: April 12, 2016 Filed under: Breaking News, Entertainment, History, Humor, Mediasphere, Politics, White House | Tags: 1960s, Congress, GOP, LBJ, Lyndon Johnson, Paul Ryan, Presidential Election 2016
Posted: March 28, 2016 Filed under: Breaking News, Crime & Corruption, Self Defense | Tags: 7th Street (Washington, Congress, D.C., Lockdown, Police, Police officer, Senate, Shooter, Shooting, Washington D.C.
The US Capitol is on lockdown after a visitor opened fire, shooting and wounding a police officer – just hours after an active shooter drill in the government building.
Staffers in the visitor center were ordered to shelter in place just before 3pm (Eastern Time) on Monday as police secured the area.
One officer was hospitalized with non-life-threatening gunshot wounds. The suspect was taken in to custody within minutes of the first shot being fired, the Associated Press reported.
There was confusion as the shooting came soon after a scheduled active shooter drill, which staff had been notified about via email. Read the rest of this entry »
Posted: December 17, 2015 Filed under: Crime & Corruption, Economics, Law & Justice, Politics, U.S. News | Tags: AstraZeneca, Barack Obama, Ben Carson, Business model, Cadillac insurance plan, Congress, Democratic Party (United States), Democrats, Huawei, Omnibus, Republican Party (United States), The Wall Street Journal, United States, Weekly Standard
Photo of the 2,242 page omnibus and tax deal. Voting could happen as soon as Thursday night.
Jeffrey H. Anderson With a deadline looming, congressional leaders unveiled “sweeping” tax and spending legislation late last night. The result makes one wonder whether congressional Republicans negotiate directly with President Obama on these deals, or whether they just send corporate lobbyists to do so, thereby cutting out the middle man.
“The deal would adopt environmental and renewable measures that Democrats want. These include extending wind and solar tax credits, reauthorizing a conservation fund for three years and excluding any measures that block major administration environmental regulations.”
The Wall Street Journal reports, “The agreement…is expected to suspend for two years a tax on medical devices and delay for two years the scheduled 2018 start of the so-called Cadillac tax on high-cost employer health plans.” Each of these “fixes” to Obamacare will make deep-pocketed groups that much less interested in full repeal in 2017, while the suspension of the Cadillac tax will also make it that much harder to pass the conservative alternative needed to make full repeal a reality. The delay of that tax is also a big win for labor unions.
“Lawmakers and aides said the spending bill doesn’t include any restrictions on the resettlement of Syrian and Iraqi refugees into the U.S.”
But that’s just the beginning.
The new Office takes the work out of working together.
Take a look at the new Office.
Spent last night cutting through 2,000 pages of words, words, words – @RepWalterJones
The Journal writes, “In one major concession to Democrats, the spending bill won’t cut off federal funding to Planned Parenthood Federation of America, as many conservatives had sought.”
[Read the full story here, at The Weekly Standard]
The Journal also reports that “the deal would adopt environmental and renewable measures that Democrats want. These include extending wind and solar tax credits, reauthorizing a conservation fund for three years and excluding any measures that block major administration environmental regulations.”
And that’s not all: “Lawmakers and aides said the spending bill doesn’t include any restrictions on the resettlement of Syrian and Iraqi refugees into the U.S.” (It does, however, reportedly “limit certain travel privileges granted to citizens of 38 friendly foreign countries that are allowed to enter the U.S. without obtaining a visa.”) Read the rest of this entry »
Posted: December 15, 2015 Filed under: History, Politics | Tags: American History, Bill of Rights, Civics, Civil Libertarianism, Civil Rights, Congress, Liberty, U.S. Constitution, United States
Posted: November 19, 2015 Filed under: Education, Guns and Gadgets, Law & Justice, Mediasphere, Politics, Self Defense, Think Tank, White House | Tags: Barack Obama, Civil Rights, Confiscation, Congress, Dana Loesch, Executive order, Gun control, Gun Dealer, Gun rights, Hillary Clinton, Mental health, National Gun Registry, NRA
Posted: November 17, 2015 Filed under: Global, Law & Justice, Terrorism, Think Tank, White House | Tags: Agence France-Presse, AP-1 transcription factor, Barack Obama, Bill Posey, Blake Farenthold, Brian Babin, Congress, Democratic Party, Diane Black, Frank Guinta, GOP, Gregg Harper, Islamism, Jeff Duncan, Jihadism, John Duncan, Lou Barletta, Louie Gohmert, Mark Meadows, Migrants, Mike Pompeo, Mo Brooks, Paris Attacks, Refugees, Steve King, Syria, United States, Walter Jones, White House
The growing momentum behind new legislation, still being drafted, sets up a future clash between the White House and Congress.
John Hudson reports: Following the deadly terrorist attacks in Paris, House Republicans are proposing to block federal funding for resettling Syrian refugees until a series of new conditions are met, Foreign Policy has learned.
“Currently, 60 million people worldwide have been forced from their homes or are otherwise considered refugees — higher than at any other time in recorded history.”
The growing momentum behind new legislation, still being drafted, sets up a future clash between the White House and Congress as the Obama administration seeks to offer residency to 10,000 Syrian refugees who currently live outside the conflict zone. Currently, 60 million people worldwide have been forced from their homes or are otherwise considered refugees — higher than at any other time in recorded history. An estimated six million to eight million displaced people are still in Syria, and more than four million Syrian refugees are in Jordan, Turkey, and Lebanon.
“The 15 Republican lawmakers pushing the legislation aren’t the only politicians looking to slam the brakes on Obama’s resettlement program. The governors of 15 U.S. states have already said they would not allow Syrian refugees to live in their states.”
The draft legislation, a copy of which was obtained by FP, is backed by Reps. Brian Babin, Lou Barletta, Diane Black, Mo Brooks, Jeff Duncan, John Duncan, Blake Farenthold, Louie Gohmert, Frank Guinta, Gregg Harper, Walter Jones, Steve King, Mike Pompeo, Mark Meadows, and Bill Posey. It would prevent funding for the resettlement of refugees from the Middle East and North Africa until authorities adopt “processes to ensure that refugee and related programs are not able to be co-opted by would-be terrorists.” Once those processes are in place, details of the security checks must be given to Congress in both classified and public forums, and the administration must establish a “longer-term monitoring process” to track refugees in the U.S.
“Additionally, House Homeland Security Chairman Michael McCaul plans to raise the issue of blocking Syrian refugee resettlement at a Tuesday meeting with fellow Republicans, according to two congressional sources.”
The 15 Republican lawmakers pushing the legislation aren’t the only politicians looking to slam the brakes on Obama’s resettlement program. The governors of 15 U.S. states have already said they would not allow Syrian refugees to live in their states. Alabama Senator Jeff Sessions (R) has proposed legislation to restrict U.S. funding for refugee resettlement and Kentucky Senator Rand Paul (R) has said he will introduce legislation to prevent Syrian refugees from obtaining U.S. visas. Read the rest of this entry »
Posted: November 15, 2015 Filed under: France, Global, History, Terrorism, War Room | Tags: Congress, Islamism, Jihadism, Mourning, Paris, Paris Attacks, Paris Massacre, Terrorism, Twitter, U.S. Capitol, U.S. Flag, Washington D.C.
Sen Paul Ryan, Twitter
Posted: October 30, 2015 Filed under: Crime & Corruption, Economics, Law & Justice, Politics, Think Tank | Tags: Congress, Federal Government, IRS, Regulations, tax code, The U.S. Senate, White House
Posted: October 22, 2015 Filed under: Breaking News, Crime & Corruption, History, U.S. News | Tags: Benghazi, Congress, Congressional Hearings, Hillary Clinton, journalism, media, news, Wall Street Journal, WSJ
Posted: October 22, 2015 Filed under: Crime & Corruption, Law & Justice, Mediasphere, Politics, White House | Tags: Benghazi Committee, Congress, Hillary Clinton, Independent Journal, media, news, The Pantsuit Report, Twitter
Posted: October 22, 2015 Filed under: Crime & Corruption, Mediasphere, Think Tank, War Room, White House | Tags: 2012 Benghazi attack, Bashar al-Assad, Bild, Congress, Hillary Clinton, Islamic state, Kurdish people, Libya, Saddam Hussein, Tunis, United States, United States Department of Defense, United States Department of State, University of Mosul
Hillary Clinton may not see the point, but her testimony may tell us much about her ability to lead.
writes: Only in Perry Mason stories does the real culprit break down in open court. After Hillary Clinton
’s now-immortal Capitol Hill outburst about investigations into the deadly 2012 terrorist attack in Benghazi, Libya
—“What difference, at this point, does it make?”—the former secretary of state and Democratic candidate for president is unlikely to offer any such spontaneity when she testifies Thursday before the House Select Committee on Benghazi.
“As the crisis unfolded that day in Benghazi, with violence also erupting in Tunis, Cairo and potentially elsewhere, Mrs. Clinton disappeared. Instead of staying at her desk, ‘on the bridge’ of the State Department’s seventh floor, Mrs. Clinton literally left the building. Why?”
Nonetheless, the committee’s work is utterly serious, its preparations extensive (and extensively stonewalled by Mrs. Clinton’s team) and its mission vital to our fight against still-metastasizing Islamist terrorism. Much is at stake. The hearing’s focus must be on the key policy and leadership implications of the mistakes made before, during and after the murders of Amb. Christopher Stevens and three other Americans on Sept. 11 three years ago.
“Imagine the effect on morale when, with colleagues in Libya in mortal peril, State Department personnel learned that their leader had gone home for the evening. There is no evidence that Mrs. Clinton or President Obama did anything other than passively monitor events.”
Before the attack, there was ample warning that the U.S. consulate in Benghazi wasn’t secure, with terrorist threats in the area multiplying. Even the International Red Cross had pulled out of Benghazi. After a string of requests from the U.S. Embassy in Tripoli for more security, in mid-August came a joint Embassy-CIA recommendation to move the State Department’s people into the CIA’s Benghazi compound. The State Department in Washington was invariably unresponsive, even though, as Joint Chiefs Chairman Gen. Martin Dempsey later testified, the rising terrorist threat in Libya was well known.
[Order John Bolton’s book “Surrender is Not an Option: Defending America at the United Nations and Abroad” from Amazon.com]
Given her self-proclaimed central role in deposing dictator Moammar Gadhafi, why was Mrs. Clinton so detached from the deteriorating situation in Libya? She has so far dodged the issue, pawning off such “technical” matters on her subordinates. Working in the State Department in 1990 when Saddam Hussein invaded Kuwait, I saw firsthand how Secretary of State James Baker dived into every detail of safeguarding U.S. diplomats stranded in Kuwait City. If earlier secretaries of state have been perfectly prepared to get their fingernails dirty in operational details when those under their responsibility were threatened, why wasn’t Mrs. Clinton?
[Read the full text here, at WSJ]
Libya was no backwater for Mrs. Clinton. It was one of President Obama’s highest foreign-policy priorities, touted by the administration as evidence of successfully “leading from behind,” averting a Gadhafi bloodbath through “humanitarian intervention,” and with democracy and stability to follow. So acknowledging that precisely the opposite was happening, and appropriately increasing security in Libya, would demonstrate failure. That was politically unacceptable.
As the crisis unfolded that day in Benghazi, with violence also erupting in Tunis, Cairo and potentially elsewhere, Mrs. Clinton disappeared. Instead of staying at her desk, “on the bridge” of the State Department’s seventh floor, Mrs. Clinton literally left the building. Why? Read the rest of this entry »
Posted: October 22, 2015 Filed under: Crime & Corruption, Mediasphere, Politics, War Room, White House | Tags: 2012 Benghazi attack, Benghazi, Benghazi Investigation, Congress, Debbie Wasserman Schultz, FBI, Fifth Amendment to the United States Constitution, Hillary Clinton, Libya, Personal Server, Republican Party (United States), South Carolina, Transparency, Trey Gowdy, United States Department of State
Representative Trey Gowdy, Republican of South Carolina, said Hillary Clinton’s “unusual email arrangement” complicated the investigation into the attack in Benghazi, Libya, in 2012.
Posted: October 20, 2015 Filed under: Law & Justice, Mediasphere, Politics, U.S. News, White House | Tags: Barack Obama, Brit Hume, Congress, Conservatives, Filibuster, Freedom Caucus, Gun control, Kevin McCarthy, Minimum wage, Paid Sick Leave, The American Jobs Act. The Paycheck Fairness Act, Twitter, Unemployment
Posted: October 14, 2015 Filed under: Crime & Corruption, Law & Justice, Mediasphere, Politics, Think Tank, White House | Tags: Barack Obama, Congress, Democratic Party (United States), Government shutdown, John Boehner, Obama administration, Republican Party (United States), Robert Tracinski, Shutdown Theater, The Wall Street Journal, United States Congress
Robert Tracinski writes:
….Here’s how the shutdown weapon works. The president and his Democratic allies in Congress dictate their priorities on the budget and spending. If Republicans don’t go along, if they pass a budget that doesn’t spend as much as the president wants, Democrats use the filibuster and the veto to block the budget and shut down government. They then use “shutdown theater”—things like erecting barriers around public monuments that require no federal money to stay open—to make this seem like a bigger crisis than it is, and they depend on the press to put all the blame on Republicans. The House GOP, seeing the public approval of Republicans taking a hit, backs down. That’s how the last two Democratic presidents have used the shutdown to beat a hostile Congress into submission.
Democracy isn’t a machine — it’s a dance. Americans have some recourse against Obama’s shutdown theater.
So long as Obama and the Democrats can use a government shutdown as a credible threat, they neutralize House Republicans’ power of the purse. And so long as that’s the case, the House GOP can’t do anything substantial. They’re reduced to pleading, “We can’t do anything until we have the Senate,” and then, “We can’t do anything until we have the presidency.” And eventually the Republican base and the Tea Party types get fed up and conclude that Republican leaders never really wanted to do anything in the first place, that they’re just marking time before they can go to K Street or Wall Street and cash out. (Which is partly correct.)
(AP Photo/Tony Dejak)
The House GOP needed to find a good opportunity to go to the matt on the government shutdown and force Democrats to compromise. If they had done that, they could have used budget negotiations to get at least some of what the base wanted, instead of caving in all the time…(read more)
Source: The Real House Leadership Crisis – TheFederalist.com
Posted: October 9, 2015 Filed under: Breaking News, Law & Justice, Politics, Think Tank | Tags: Congress, GOP, House Speaker, John Boehner, Kevin McCarthy, National Review, Paul Ryan, Republican Party (United States), Rich Lowry
Rich Lowry, Joel Gehrke, and Alexis Gevinson write:
The only Republican who does not want Paul Ryan to become the next House speaker, it seems, is Paul Ryan.
But the former vice-presidential nominee and chairman of the Ways and Means Committee may be changing his mind. After issuing a statement immediately following House majority leader Kevin McCarthy’s withdrawal from the race reiterating that he will not seek the job, multiple sources tell National Review that Ryan is, at the very least, considering a change of heart.
“I’m told he’ll sleep on it,” says a source close to Ryan.
Two additional Republican sources say Ryan has in fact already made up his mind to jump in the race.
One House GOP source says they are hearing Ryan first needs to get his wife on board. Read the rest of this entry »
Posted: October 7, 2015 Filed under: Guns and Gadgets, Law & Justice, Mediasphere, Politics, Self Defense | Tags: 2nd amendment, Congress, Gun Confiscation, Gun control, Gun rights, Gun-Free, media, news, Ratify, ReasonTV, video
Posted: October 5, 2015 Filed under: Guns and Gadgets, Self Defense, Think Tank | Tags: Ammunition, AR-15, ATF, ATF gunwalking scandal, Background check, Congress, Executive (government), Fast & Furious, Federal Bureau of Investigation, Firearms and Explosives, Gun Show, Gun Show Loophole Myth, Gun shows in the United States, Hillary Clinton, National Rifle Association, Sting operation, United States Border Patrol
The only problem with her gun show loophole proposal is that it would accomplish exactly nothing, because current law already covers her proposal.
“There is zero protection enshrined in law for transactions that happen to occur at a gun show or over the Internet. Zip. Zilch. Nada. The so-called ‘gun show loophole’ simply does not exist. Nor does any sort of Internet gun sale loophole.”
Here’s how Slate described Hillary Clinton’s proposal:
What makes Clinton’s plan particularly noteworthy, though, is her suggestion that she’d be able to go it alone on at least one of the proposals if elected president: the gun show loophole.
And just how would she do that? According to her campaign, even if Congress were unwilling to act, Clinton would be able to use her executive authority to tweak the existing rules to reclassify anyone who sells a “significant number of guns” as someone “in the business of selling firearms”—a distinction that would make those high-volume private vendors who sell guns at gun shows
and over the Internet subject to the same rules as larger, licensed brick-and-mortar retailers. Clinton doesn’t appear to have settled on an answer to the question of just how many guns constitutes a “significant” number, but even if her chosen definition didn’t close the loophole completely, it would at least shrink it.
[Read the full text here, at TheFederalist.com]
Such an effort could face legal challenges in the courts and, at the very least, a guaranteed NRA-led political freakout in Washington. And, even if the effort survived both, it wouldn’t come close to ending gun violence in the United States. But for gun safety advocates and like-minded voters who are desperate for action on a problem that can feel politically impossible, Clinton’s outside-the-box plan will be a welcome start.
[Also see – Don’t Play the Shooters’ Game by Kevin D. Williamson]
Slate’s Josh Voorhees characterized Clinton’s plan as “clever,” which leads me to the inescapable conclusion that neither Voorhees nor Hillary Clinton is even remotely familiar with existing federal gun laws.
“Now, if Hillary thinks Congress should pass a law regulating private transactions between private individuals who reside in the same state, that’s her prerogative. But she should at least be honest about what she’s doing and about what authority the president has to do it. The president cannot by fiat eliminate the existing exemption. It can be done only by Congress.”
For starters, the federal government already has the statutory authority to define who does and does not qualify as an individual “in the business of selling firearms.” It derives that authority from 18 U.S. Code § 921. Here’s how the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) specifically defines whether an individual is engaged in the business of selling firearms and should therefore be subject to federal firearms licensee (FFL) requirements:
Dealer in firearms — a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business
with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or
for a hobby, or who sells all or part of his personal collection of firearms (18 U.S.C. § 921(a)(21)(C));
[Order John R. Lott’s essential book “More Guns, Less Crime” at Amazon]
Here’s the federal statute from which the ATF derives its existing authority to define who is and isn’t engaged in the business of selling guns:
(21) The term “engaged in the business” means—
(A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the
(B) as applied to a manufacturer of ammunition, a person who devotes time, attention, and labor to manufacturing ammunition as
a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition manufactured;
(C) as applied to a dealer in firearms, as defined in section 921(a)(11)(A), a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms;
(D) as applied to a dealer in firearms, as defined in section 921(a)(11)(B), a person who devotes time, attention, and labor to engaging in such activity as a regular course of trade or business with the principal objective of livelihood and profit, but such term shall not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms;
(E) as applied to an importer of firearms, a person who devotes time, attention, and labor to importing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms imported;
(F) as applied to an importer of ammunition, a person who devotes time, attention, and labor to importing ammunition as a
regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the ammunition imported.
Contra Hillary Clinton’s campaign, “high-volume private vendors” cannot legally exist under current law. Under the ATF’s existing definition, it is impossible to sell high volumes of firearms without triggering the definition of a dealer in firearms. The “repetitive purchase and resale of firearms” makes you a dealer, not a private individual. Anything other than “occasional sales” makes you a dealer, not a private individual. Unlicensed dealing is against the law. Refusing to conduct background checks as a dealer (licensed or not) is against the law.
Read the rest of this entry »
Posted: August 3, 2015 Filed under: Crime & Corruption, Diplomacy, War Room, White House | Tags: Barack Obama, Congress, International Atomic Energy Agency, International Treaty, Iran, Iran Deal, John Kerry, Nuclear program of Iran, Nuclear War, Nuclear weapon, Obama administration, Secretary of State, Treaty, Tyranny, U.S. Senate, United States House Committee on Foreign Affairs
The White House did not pursue the nuclear agreement with Iran as an international treaty, because getting U.S. Senate advise and consent for a treaty has “become physically impossible,” Secretary of State John Kerry told lawmakers on Tuesday.