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ATF, NSSF Offer $3,000 for Information on TN Gun Store Burglary

Regulators & Firearm Industry Team Up to Solve Cypress Creek Outdoors Burglary

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in conjunction with the Dyersburg Police Department and the National Shooting Sports Foundation (NSSF), the trade association for the firearms industry, are offering a reward for information leading to the arrest and conviction for those responsible for the theft of firearms from Cypress Creek Outdoors, a federal firearm licensee (FFL).

On July 20, 2019, Cypress Creek Outdoors, 305 Highway 51 Bypass N, Dyersburg, was burglarized where approximately 7 firearms were reported stolen to the Dyersburg Police Department. ATF Industry Operations Investigators responded to the FFL and are in the process of conducting an inventory to determine the exact number of firearms stolen.

ATF is offering the reward for the amount of up to $1,500, which will be matched by the NSSF for a total reward of up to $3,000. This reward is part of a larger national cooperative initiative between the NSSF and ATF in which NSSF matches ATF’s reward in cases involving the theft of firearms from federally licensed firearms retailers.

“ATF works closely with members of the firearms industry to curb the criminal acquisition and misuse of firearms. ATF Special Agent in Charge, Marcus Watson said, “ATF’s Crime Gun Intelligence will leverage investigative resources combined with community partnerships to recover the stolen firearms.”

Anyone with information about this crime should contact ATF at (888) ATF-TIPS (1-888-283-8477) or Dyersburg Police Department (731) 288-7022. Information can also be sent to ATFTips@atf.gov, through ATF’s website at www.atf.gov/contact/atftips. Tips can be submitted anonymously using the Reportit app, available from both Google Play and the Apple App store, or by visiting www.reportit.com.

ATF is the lead federal law enforcement agency with jurisdiction involving firearms and violent crimes, and regulates the firearm industry. More information about ATF and its programs is available at www.atf.gov.

ATF to Alabama Dealers: CCW Permit No Longer Bypasses Background Check

Alabama Carry Permit Will No Longer Act as a Brady Alternative

BATFE LogoCliff’s Notes: Alabama was handing out CCW permits to prohibited persons, who used it to purchase firearms without a background check. Somebody dropped the ball on screening AL CCW licenses and they now no longer bypass the check.

From the ATF:

Public Safety Advisory to all Alabama Federal Firearm Licensees

The purpose of this public safety advisory is to notify you of an important change to the procedure you may follow to comply with the Brady Handgun Violence Protection Act (Brady Act), codified at 18 U.S.C. § 922(t), when transferring a firearm to an unlicensed person.

The permanent provisions of the Brady Act took effect on November 30, 1998. The Brady Act generally requires Federal firearms licensees (FFLs) to initiate a National Instant Criminal Background Check System (NICS) check before transferring a firearm to an unlicensed person. However, the Brady Act contains exceptions to the NICS check requirement, including an exception for holders of certain state permits to possess, carry, or acquire firearms. The law and implementing regulations provide that permits issued within the past 5 years may qualify as alternatives to the NICS check if certain other requirements are satisfied. Most importantly, the authority issuing the permit must conduct a NICS background check and must deny a permit to anyone prohibited from possessing firearms under federal, state, or local law.   Continue reading

Project Childsafe Marks 20 Years as America’s Leading Firearm Safety Program

The National Shooting Sports Foundation (NSSF) this year marks the 20th anniversary of its Project ChildSafe program, which has increased awareness of safe firearms handling and storage practices among millions of gun owners, helped reduce accidental firearms deaths to historic lows and become an indispensable firearms safety education resource for partners in every state and the U.S. territories.

“The No. 1 objective of Project ChildSafe has always been saving lives by urging gun owners to store their firearms responsibly when not in use, and giving them the tools to do it,” said NSSF CEO Steve Sanetti.

Those tools include educational materials and more than 38 million free gun locks that have been distributed by a network of thousands of partners from law enforcement, fish and wildlife agencies, conservation groups, firearms retailers, gun ranges, the faith community, tribal organizations, Boy Scouts of America chapters, 4-H and other groups nationwide.

Project ChildSafe has made a meaningful impact on safety nationwide. Annual reports from the National Safety Council show fatal firearms accidents are trending toward the lowest numbers since data collection began, and recent reports from the Centers for Disease Control and Prevention show fatal firearms accidents represent less than half of a percent of all accidental deaths in the U.S.   Continue reading

Parkland Report Recommends Arming Teachers

A report released by a special safety commission in Parkland, FL recommends arming teachers to secure schools.

On Feb. 14, 2018, an armed attacker killed 17 people at Marjory Stoneman Douglas (MSD) High School in Parkland. While the murders reignited a national debate on gun control in the United States, it also prompted a months-long investigation into how and why the event happened, and how similar events may be prevented in the future.

The MSD High School Public Safety Commission released over 400 pages covering details of the shooting, identifying security problems and making recommendations.

Among the recommendations was the expansion of a program that allows teachers and staff members to carry concealed firearms to defend students in the event of an active shooter.

“School districts and charter schools should permit the most expansive use of the Guardian Program under existing law to allow personnel — who volunteer, are properly selected, thoroughly screened and extensively trained — to carry concealed firearms on campuses for self-protection and the protection of other staff and students,” the report read.

The current Guardian Program, signed into law by outgoing Republican Gov. Rick Scott shortly after the shooting last year, currently only allows administrators or non-teaching staff to receive firearm training. According to USA Today, the program requires 80 hours of firearms instruction, 16 hours of instruction in precision pistol shooting, 8 hours of shooting instruction using state-of-the-art simulators, and 8 hours of instruction in active-shooter or assailant scenarios.

In April 2018, the Broward County School Board voted against adopting the program, which would have given Broward County schools over $67 million to train and arm teachers, according to the Eagle Eye, Marjory Stoneman Douglas High School’s newspaper.

Speaking about the need for such a program, Polk County sheriff Grady Judd said “911 does not work when there is an active shooter,” noting that the average response time for an active shooter is five minutes while the Parkland incident was over in three.

This week’s report also recommended a full internal investigation of the Broward County sheriff’s office, which responded first to the shooting, to “address all of the actions or inactions of personnel on February 14th, 2018.”

The committee, which includes sheriffs, state politicians and parents of the Marjory Stoneman Douglas victims, among others, first met in April 2018, setting January 2019 as its deadline to submit a preliminary report. During the second half of 2018, the commission held monthly meetings interviewing witnesses and reviewing “a massive amount of evidence,” according to the report.

View the full report here.

Legal Challenges to Bump Stock Ban Begin Rolling In

As reported Tuesday and discussed on the GunLink Forums, the Department of Justice this week issued a new regulation reversing the BATFE’s longstanding position on bump stock devices. This regulation modifies the meaning of certain words and changes the codified definition of machine gun such that it now includes language inclusive of bump stocks.

This reclassification leads to a situation faced by many hundreds of thousands of owners of such devices whereby they must now either destroy or surrender to the BATFE their lawfully purchased property or become overnight felons in possession of illegal, unregistered machine guns.

No doubt worse than the fact that they must now hand over their property – purchased in good faith with assurance from the BATFE that the device was, in fact, not a machine gun – without compensation, is the manner in which the regulation came about.

To be certain, the regulation is causing an uproar among factions of the firearms community with talk about violations of everything from Article I of the US Constitution’s prohibition on ex post facto laws to various and sundry elements of the Bill of Rights to include the 2nd, 4th, 5th, 9th, and 10th Amendments.

The Cato Institute published a piece rightly stating that “this regulation is not an attempt to clarify a vague law, but to seize political expediency to expand the power of the executive,” continuing that they may reserve their “right to intervene in the coming litigation.”

It should come as no surprise that the first legal challenges to the Bump Stock Ban were put into motion just a few short hours after the announcement that it had been inked by Acting Attorney General Matthew Whitaker given that the opening shots in this legal battle were fired by some of the more prolific opposition to the change since its early stages.    Continue reading

Acting AG Signs New Bump Stock Ban

Devices Must Be Destroyed Within 90 Days of Rule Being Published

After months of speculation on whether such a measure could be taken under an ostensibly pro-RKBA administration, Acting Attorney General Matthew Whitaker signed a new rule today that classifies “bump stocks” as machine guns and bans their possession. The rule, set to take effect 90 days after it is published in the Federal Register – which is expected to happen this Friday – would require current owners of the devices to destroy them.

The BATFE had previously concluded that such devices were unable to be federally regulated as such because they are simply an accessory part. Following the Mandalay Bay attack in October 2017 in which the attacker allegedly used weapons equipped with such devices, President Trump prompted the DOJ to revisit the matter. AG Jeff Sessions introduced the proposed legislation in March 2018.

The new rule inaccurately concludes that these devices allow a “shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger,” making it a machine gun. Generally, under current regulations, possession or transfer of a machine gun manufactured prior to May 19, 1986 – the date on which the Firearms Owners Protection Act (and the Hughes Amendment thereof) went into effect.

The complete Final Rule can be read here. The summary of the rule reads as follows (emphasis added):

The Department of Justice is amending the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to clarify that bump-stock-type devices […] are “machineguns” as defined by the National Firearms Act of 1934 and the Gun Control Act of 1968 because such devices allow a shooter of a semiautomatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Specifically, these devices convert an otherwise semiautomatic firearm into a machinegun by functioning as a self-acting or self-regulating mechanism that harnesses the recoil energy of the semiautomatic firearm in a manner that allows the trigger to reset and continue firing without additional physical manipulation of the trigger by the shooter. Hence, a semiautomatic firearm to which a bump-stock-type device is attached is able to produce automatic fire with a single pull of the trigger. With limited exceptions, the Gun Control Act, as amended, makes it unlawful for any person to transfer or possess a machinegun unless it was lawfully possessed prior to the effective date of the statute. The bumpstock-type devices covered by this final rule were not in existence prior to the effective date of the statute, and therefore will be prohibited when this rule becomes effective. Consequently, under the final rule, current possessors of these devices will be required to destroy the devices or abandon them at an ATF office prior to the effective date of the rule.

The BATFE sought public comment on the proposal, receiving upward of 100,000 comments, although passage of such a rule seems to have been a foregone conclusion with direction straight from the White House. Given the Second and Fifth Amendment concerns surrounding the issue and the time frame for it to go into effect, we expect to see a number of legal challenges to the rule.

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