Texas et al. v. ATF

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Lawsuit against the new ATF "engaged in the business" rule.

Yesterday the judge in the case (federal district for northern TX) issued an order enjoining the ATF from enforcing the order against the plaintiffs until the case is decided on the merits.

https://tennesseefirearms.com/wp-content/uploads/2024/06/70-Memorandum-and-Order-granting-preliminary-injunction.pdf


CONCLUSION
Plaintiffs’ Motion for a preliminary injunction is GRANTED. Defendants are hereby ENJOINED from enforcing the regulations — “Definition of ‘Engaged in the Business’ as a Dealer in Firearms” — published at 89 Fed. Reg. 28968 (April 19, 2024) (to be codified at 27 C.F.R. pt. 478) against all Plaintiffs pending the resolution of this lawsuit.
SO ORDERED.
June 11, 2024
 
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This is what the Feds are trying to stop. This is the second incident of people using gun shows to illegally supply firearms for criminal purposes in the past two months.

Arizona man federal charges for planning mass shooting in Atlanta, wanted to start ‘race war’


Arizona man facing federal charges for planning mass shooting in Atlanta, wanted to start ‘race war’ – 95.5 WSB
News Staff
June 12, 2024 at 8:21 am EDT
ATLANTA — An Arizona man was arrested in May for planning a mass shooting in Atlanta targeting African Americans in the city to incite a race war.

Mark Adams Prieto is accused of selling rifles to people to provide weapons to begin a race war ahead of the 2024 Presidential Election, according to the U.S. Department of Justice.

He was indicted Tuesday by a federal grand jury, following a months-long investigation by the Federal Bureau of Investigation and his arrest in mid-May.

An affidavit submitted in court by members of the FBI’s Joint Terrorism Task Force in Phoenix, Ariz. detailed how the investigation into Prieto began in October 2023.

According to the affidavit, a reliable source reported that a man later identified as Prieto “expressed a desire to incite a race war prior to the 2024 United States Presidential Election.”

The affidavit says the source told FBI agents that they’d spoken to Prieto at various gun shows over three years, eventually including political conversation.

During the past year, Prieto’s comments became “suspicious and alarming,” according to the affidavit, “including advocating for a mass shooting, and specifically targeting (******racial and religious minorities).’”

The source told FBI agents that “Prieto believes that martial law will be implemented shortly after the 2024 election and that a mass shooting should occur prior to the implementation of martial law,” and asked the source in late 2023 if they were “ready to kill a bunch of people.”

The FBI said in the affidavit that this showed Prieto’s desire to recruit people to help him carry out an attack.

The investigation by federal agents found that Prieto worked as a gun show vendor in Prescott, Ariz., where he sold numerous firearms from his personal collection. The source told the FBI that Prieto also likes to conduct trades “off book” through cash or trade to “avoid possible issues or interactions with the Bureau of Alcohol, Tobacco, Firearms & Explosives.”
 
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While the goal may be laudable, there is a lot of potential for abuse by the government. The main issue here is not so much Second Amendment as it is the Administrative Procedures Act (APA). I expect at some point W.V. v. EPA will enter into the picture.

Plaintiff's contention is that it is up to Congress, not the BATFE to determine what "engaged in the business" means.

Note also that this arrest does not involve the "engaged in the business" rule that the ATF drafted. It was done using typical LE methods from what the article says.

Like a lot of criminals, this guy just couldn't keep his mouth shut. Or so it seems, again from the article.

This is what the Feds are trying to stop. This is the second incident of people using gun shows to illegally supply firearms for criminal purposes in the past two months.

LOCAL
Arizona man facing federal charges for planning mass shooting in Atlanta, wanted to start ‘race war’

By WSBTV.com News Staff
June 12, 2024 at 8:21 am EDT
ATLANTA — An Arizona man was arrested in May for planning a mass shooting in Atlanta targeting African Americans in the city to incite a race war.

Mark Adams Prieto is accused of selling rifles to people to provide weapons to begin a race war ahead of the 2024 Presidential Election, according to the U.S. Department of Justice.

He was indicted Tuesday by a federal grand jury, following a months-long investigation by the Federal Bureau of Investigation and his arrest in mid-May.

An affidavit submitted in court by members of the FBI’s Joint Terrorism Task Force in Phoenix, Ariz. detailed how the investigation into Prieto began in October 2023.

According to the affidavit, a reliable source reported that a man later identified as Prieto “expressed a desire to incite a race war prior to the 2024 United States Presidential Election.”

The affidavit says the source told FBI agents that they’d spoken to Prieto at various gun shows over three years, eventually including political conversation.

During the past year, Prieto’s comments became “suspicious and alarming,” according to the affidavit, “including advocating for a mass shooting, and specifically targeting ‘******racial and religious minoritiez).’”

The source told FBI agents that “Prieto believes that martial law will be implemented shortly after the 2024 election and that a mass shooting should occur prior to the implementation of martial law,” and asked the source in late 2023 if they were “ready to kill a bunch of people.”

The FBI said in the affidavit that this showed Prieto’s desire to recruit people to help him carry out an attack.

The investigation by federal agents found that Prieto worked as a gun show vendor in Prescott, Ariz., where he sold numerous firearms from his personal collection. The source told the FBI that Prieto also likes to conduct trades “off book” through cash or trade to “avoid possible issues or interactions with the Bureau of Alcohol, Tobacco, Firearms & Explosives.”
 
I don't disagree at all that this should be up to Congress. The problem is what about now, not some distant year when Congress starts addressing issues.

Remember this one? Bryan Malinowski?
Your browser is not supported | usatoday.com

Same methods (off the books sales at gunshows), different motive and result.

All these administrative laws target the law abiding and tend to make felons out of people who are not criminals…..meanwhile, ACTUAL violent felons using firearms always plead away the crimes with enhanced sentences for firearms or are never prosecuted for firearms crimes.
 
OMG!!! The Court said "Department ipse dixit"!!! I haven't heard that term since the mid-1970s when the Dean of my law school would use it. :D

Ipse dixit is a Latin term that translates to "he himself said it." In legal contexts, it refers to an assertion or statement made by an individual based solely on their own authority, without any supporting evidence or proof.

(c) Wex - Law.Cornell.Edu
 
This is what the Feds are trying to stop. This is the second incident of people using gun shows to illegally supply firearms for criminal purposes in the past two months...

The vast majority of the "gun people" I know are scrupulously law-abiding, and would never knowingly break the law, especially in furtherance of a more serious crime. That might be why it's so hard for so many of us to understand that there are folks who do indeed use the same innocent resources we use (such as auction sites, classified pages on internet forums like this one, gun shows, and even gun shops) to facilitate blatantly illegal activity.
 
My lawyer buddy (who is very strong in Federal administrative law) tells me that the judge's ruling is essentially permanent and cannot be overturned in those states covered by the ruling. Judges having jurisdiction in all other states should follow suit to make it nationwide.
 
ATF oversteps again. It's not about stopping criminals. It's about going after 2A. That's always the goal.

ATF doesn't write laws.

Every time they get slapped down, I'm happy. I don't care what their faux intentions are.

They don't care about weapons in the wrong hands, look at "Operation Fast and Furious". Cause it's okay when the feds do it...
 
I don't disagree at all that this should be up to Congress. The problem is what about now, not some distant year when Congress starts addressing issues.

Remember this one? Bryan Malinowski?
Your browser is not supported | usatoday.com

Same methods (off the books sales at gunshows), different motive and result.


Ronald Reagan “Most Terrifying Words – ‘I’m from the government and I’m here to help.’”
 
That's not my experience. Our drug traffickers and gangsters caught possessing firearms always got firearms enhancement charged or referral to the AUSA for the more severe Federal charges.
Yeah, your anecdotal "experience" would seem to be at odds with all the stories of gun charges being plea-bargained away when the prosecutors actually press charges the violent felons that we read about day in and day out.

Your agency may have brought the gun-related charges against them. BUT, if the prosecutors dropped those charges in the process of negotiating a plea-bargain with these criminal defendants, then what good did it really do for your agency to charge them with the gun-related offenses?

If they were being charged with and ACTUALLY prosecuted for their gun-law related crimes, a lot of these violent offenders would be behind bars - instead of continuing to wrack up a rap sheet as long as your arm, all the while being released back onto the streets without even having to post a cash bail.

If your "experience" were the norm, AND the gun-charges were actually PROSECUTED, then we wouldn't have 90% of violent crimes being perpetrated by the same 10%-15% of our population. We all know who we're talking about here - the career criminals among us.

Seems like your "experience" is anything but typical. But feel free to keep on being an apologist for the current state of affairs.
 
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Ronald Reagan “Most Terrifying Words – ‘I’m from the government and I’m here to help.’”

Yup. Reagan said "the 9 most terrifying words in the English language are 'I'm from the government, and I'm here to help!'"

IMO, ol' Ronny was a prophet. He had a vision of how to make America great again 25 years before the MAGA movement was even a "thing".

JMO and YMMV...
 
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