DC Court of Appeals Upholds ATF Long Gun Reporting Requirement

[Armorer-at-Law]

The DC Court of Appeals today upheld the AFT requirement that FFLs in states bordering Mexico report multiple sales of certain long guns. In brief summary, it found that the end justifies the means and accepted ATF's word on it that the "end" was a good and effective thing.

Copy of the decision can be viewed and downloaded here: http://www.cadc.uscourts.gov/intern...13185257B7C004F2E53/$file/12-5009-1438691.pdf

 

[MLeake]

Guess it's a good thing Congress specifically denied funding for enforcement... Wonder how they will work around that one?

 

[Dr Big Bird PhD]

"ends justify the means"

That's a cute way of saying "we can do whatever we want as long as we want it."

 

[csmsss]

Well, of course they did! The 1st Circuit is the gummint's friendliest circuit, and DoJ/BATFE practically live in that courthouse.

 

[KyJim]

Somebody refresh my recollection -- this was filed in D.C because?

 

[Aguila Blanca]

Somebody refresh my recollection -- this was filed in D.C because?

I was wondering the same thing. DC is a long way from the southwestern border states.

 

[Spats McGee]

I'd have to do more digging than I have time to do today, but there may be a jurisdictional statute mandating that this kind of thing (challenge to BATFE's rule-making) be brought in the DC Circuit.

 

[Bartholomew Roberts]

Even if there is no statute mandating it, a plaintiff could choose the D.C. Circuit due to challenging a federal agency regulation and typically it is a faster track to SCOTUS review. Since it was one of only two circuits to find an individual right to bear arms prior to Heller; it might also be perceived as more friendly by some.