Americans Stand Up – ATF Stands Down and Backpedals on Unconstitutional Ammo Ban – Claims “Publishing Error”

Americans Stand Up – ATF Stands Down on Unconstitutional Ammo Ban 

Yesterday, I reported on the fact that the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) were backpedaling on the potential ban of M855 ammunition, claiming a "publishing error." Today, ATF fell back amid a swell of American patriotism.

An unprecedented response to the proposed ban led ATF to tweet the following:

According to a press release by the ATF:

Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study. Accordingly, ATF will not at this time seek to issue a final framework. After the close of the comment period, ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for comment) before proceeding with any framework.

The problem is that their claims of "interpretation of the law" are invalid simply because it doesn't take a rocket scientist to understand what "shall not be infringed" means. For those who don't know, that's the second part of the Second Amendment, which gives absolutely not authority to the federal government to regulat.... There is nothing hard to interpret here.

However, the ATF did acknowledge that though the comment period regarding the ammo ban closes on Monday, March 16, 2015, they have already received over 80,000 comments. Those comments will be made public, according to the ATF, "as soon as practicable."

Not only did they receive backlash from the American people, but 52 senators and 238 House members also opposed any attempt by the Obama administration to ban the M855 ammunition.

The National Rifle Association President Wayne LaPierre said, "Today's announcement proves what we have said all along -- this was 100% political. Obama failed to pass gun control through Congress, so he tried impose his political agenda through executive fiat."

House Judiciary Chairman Bob Goodlatte (R-VA) issued the following statement:

"After much pressure from a large, bipartisan majority in the House of Representatives, I am pleased that the Obama Administration has abandoned its attack on the Second Amendment. Congress will continue to steadfastly protect the constitutional rights of law-abiding citizens and it is entirely inappropriate for President Obama to stretch his regulatory authority to implement partisan policies that Congress has refused to enact. Such an abuse of power would impact many law-abiding gun owners and restrict the American people's ability to legally and responsibly exercise their Second Amendment rights. I and other members of the House Judiciary Committee will continue to keep a watchful eye on the Obama Administration so that we protect Americans' constitutional rights. We cannot allow the President of the United States to infringe upon the Second Amendment rights afforded to all Americans."

Additionally, Rep. John Culberson, Texas Republican and chairman of the appropriations subcommittee that oversees the ATF, said the agency “made the right call by reversing course on a misguided plan that would have trampled on Americans’ Second Amendment rights.”

He then fell flat on his face with his next comment. “This is an example of how regulators and Congress should work together. All of us in Texas love law enforcement and want to help ATF officers stop gun smugglers, drug smugglers and other criminals — not law-abiding American sportsmen who use this ammo every day for target practice, shooting competitions and hunting.”

So what's wrong with any of this? I'll tell you. It isn't just Barack Obama infringing upon the Second Amendment.

First, if Rep. Goodlatte believes for one second that the Obama administration has "abandoned its attack on the Second Amendment," then he is either naïve or purposefully stupid. Barack Obama once told John R. Lott Jr., as they attended the University of Chicago, "I don't believe people should be able to own guns."

Second, as I pointed out, Rep. Goodlatte claimed pretended legislation known as the Law Enforcement Officers Protection Act (LEOPA) of 1986 in order to keep the ATF under control with their current attempt to ban ammunition. What Goodlatte should have done was reference what is supreme to LEOPA and that is the Second Amendment. Congress also has absolutely no authority to regulate or restrict arms or ammunition. They are included in the Second Amendment's restriction on the federal government.

Finally, in addressing Rep. Culberson, this is not an example of how "regulators and Congress work together." As I previously stated, Congress has been given no authority in this area. Therefore, the executive branch has been given no authority in this area. It anything, it's an example of the backlash of the American people's voices against tyranny.

In essence, not only the Second Amendment, but every part of the US Constitution is not a restriction on the people, but rather a binding of the federal government, giving it only limited amounts of authority to exercise on behalf of the people.

I am glad to hear the ATF received such a response, despite the fact that they were seeking to implement a ban on ammunition that has resulted in not one police officer being shot with. I will be even happier to hear that Congress understands that it has no more authority to write such dubious "laws" as LEOPA or any other law that infringes upon the people's ability to keep and bear arms in defense of a free state than the ATF has to impose a ban on any arms or ammunition.

As a final note, I wholeheartdely agree with Gun Owners of America, who issued a statement saying, "If anyone needed any more proof that [the ATF] has become a politicized repository of liberal anti-gun hacks, your proposed effort to effectively ban AR-15's by illegally banning AR-15 ammunition has cleared up any doubt.”

---

ATF Backpedals on Ammo Ban? – Claims “Publishing Error” 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) has backpedaled in its attempt to ban the popular M855 5.56/.223 round… Ok, they didn't admit defeat. They admitted a "publishing error." No, I'm not kidding.

It was previously reported that the ATF would were considering the bullets in question, which are fired from the highly popular AR-15 and other firearms that shoot the highly popular round, to be designated as "armor piercing" rounds. As I have pointed out, neither the federal government nor the ATF have any constitutional authority to determine anything about any arms or ammunition. Get it? Zero. Zip. Nada.

Yet, they continue to act illegally as though they were given authority to do so.

Not only have the people been flooding the ATF with their patriotic responses against such tyranny, but Congress also took the opportunity to send a letter condemning the ATF's proposed ammo ban. According to KTVQ, Rep. Bob Goodlatte and a majority of the House of Representatives (239 representatives), the ATF's assumptions concerning the round are going against the Second Amendment.

They wrote, "The 'Framework' does not comport – or conduct – with the Law Enforcement Officers Protection Act's meaning and intent and should be abandoned," and "Under no circumstances should ATF adopt a standard that will ban ammunition that is overwhelmingly used by law-abiding Americans for legitimate purposes."

Once the letter was received and the public began to speak out, the ATF claimed what the Obama administration has been infamous for and that is a "publishing error."

According to the ATF:

On Feb. 13, 2015, ATF released for public comment a proposed framework to guide its determination on what ammunition is "primarily intended for sporting purposes" for purposes of granting exemptions to the Gun Control Act's prohibition on armor piecing ammunition. The posted framework is only a proposal, posted for the purpose of receiving public comment, and no final determinations have been made.

Media reports have noted that the 2014 ATF Regulation Guide published online does not contain a listing of the exemptions for armor piercing ammunition, and conclude that the absence of this listing indicates these exemptions have been rescinded. This is not the case.

Please be advised that ATF has not rescinded any armor piercing ammunition exemption, and the fact they are not listed in the 2014 online edition of the regulations was an error which has no legal impact on the validity of the exemptions. The existing exemptions for armor piercing ammunition, which apply to 5.56 mm (.223) SS 109 and M855 projectiles (identified by a green coating on the projectile tip), and the U.S .30-06 M2AP projectile (identified by a black coating on the projectile tip), remain in effect.

The listing of Armor Piercing Ammunition exemptions can be found in the 2005 ATF Regulation Guide on page 166, which is posted here.

The 2014 Regulation Guide will be corrected in PDF format to include the listing of armor piercing ammunition exemptions and posted shortly. The e-book/iBook version of the Regulation Guide will be corrected in the near future. ATF apologizes for any confusion caused by this publishing error. (emphasis mine)

OK, so if it was merely a publishing error, why did White House Press Secretary Josh Earnest defend the administration's attempts ban the ammunition?

Earnest called it a "common-sense step," something I pointed out that neither the administration, Congress nor the unc....

He went on to blather, "This seems to be an area where everyone should agree that if there are armor-piercing bullets that fit into easily concealed weapons, that puts our law enforcement at considerably more risk."

Of course, that was a lie as AR-15 type pistols are not "easily concealed weapons" nor do they put law enforcement at considerably more risk since not one police officer has been shot with the particular round in q....

This is just like the time the military was caught identifying evangelical Christians as "religiou..., only for the Army, under the Obama administration, to claim that is was a publishing error.

This does not mean that the ATF has back off of its agenda to ban the M855 ammunition under Barack Obama, it just means they are attempting damage control.

About Tim Brown 
Tim Brown is an author and Editor at FreedomOutpost.com, husband to his wife, father of 10, jack of all trades, Christian and lover of liberty. He resides in the U.S. occupied Great State of South Carolina. Tim is also an affiliate for the brand new Joshua Mark 5 AR/AK hybrid semi-automatic rifle. Follow Tim on Twitter.

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