Federal Court Supports Illegal Obama Multiple Sales Regs

[Debray]

From FC: 1/20/2012
Gun Owners of America
Federal Court Supports Illegal Obama Multiple Sales Regs

Well, this past Friday, the U.S. District Court for the District of Columbia issued a setback to gun owners. The issue involved a lawsuit challenging Barack Obama’s illegal multiple sales regulations. [NSSF v. Jones, Acting Director, BATFE.]

Through those regulations, Obama has demanded, by regulatory fiat, that firearms licensees in four southwestern states report multiple sales of certain long guns to the federal government. In upholding this action, Judge Rosemary Collyer – a Bush appointee! – ignored the Constitution, the Supreme Court’s decision in the Heller case, and the clear language of federal law.

Among other things, Judge Collyer ignored the obvious language of the 1986 McClure-Volkmer Act, which prohibits the ATF from demanding any information on gun owners other than information explicitly allowed by statute.

Specifically, the section states: “Such [licensees] shall not be required to submit to the Attorney General reports and information with respect to such records and the contents thereof, except as expressly required by this section.” (18 U.S.C. 923(g)(1))

Paragraph (g)(5) allows the Attorney General to demand information by issuing a “demand letter,” but participants in the drafting of McClure-Volkmer affirm that this was not intended to trump the paragraph (1) limitation, in order to statutorily mandate reporting requirements.

To interpret paragraph (g)(5), as Obama and Attorney General Holder have interpreted it, is to say that there are NO limits on the information the Attorney General can demand -– up to and including every 4473 in the country.

In opening this door, Collyer cited much narrower decisions in the Fourth and the liberal Ninth Circuit, but expanded them beyond any judicial precedent. Citing a test that looked at whether the ATF’s action constituted a “clear error of judgment” or was “arbitrary or capricious,” Collyer gave all of the benefit of the doubt to Obama – and none to the Second Amendment, which wasn’t even considered in her 21-page opinion.

Congress can block these regulations by simply cutting off the money to implement them... But congressional leaders ignored the Second Amendment community on this and a variety of other pro-gun issues, including defunding ObamaCare.

[glocknload]

All the more reason for each of us to speak out to anybody and everybody about what this president and attorney general are doing to the 2nd Amendment and the rest of the Constitution. The upcoming election is crucial if this great Nation is to have any hope of remaining anywhere near what our Founding Fathers envisioned.

[Nightmare45]

2nd Amendment protects us from the government.

[Bighouse Doc]

This case is ripe to win big on appeal

-Doc

[Oldgrunt]

2nd Amendment protects us from the government.

Unfortunately, this is no longer the case. MaoBama's minions are coming through the back door to take our rights away. After all, MaoBama said he would determine what was constitutional and do what he wanted.

[unclewayne17]

You got that Comrad!

[Long Range .338]

So with all of this is there any question about the Courts being corrupt too. I don't think so.

[Debray]

"Congressman John Boehner, the House Speaker better known for displays of weeping than of courage, is reportedly cutting a deal with Eric Holder which would provide a 'mutually satisfactory' outcome in Barack Obama’s criminal, gun running endeavor Operation Fast and Furious." -Doug Book, Western Center for Journalism

But that's not all! Just wait until you hear just how Mr. Boehner defines a "mutually satisfactory" outcome. According to inside reports, the Obama Regime (and Eric Holder) will be given a get out of jail free card in exchange for... well... actually... NOTHING... NADA... ZILCH... SCRATCH.

Mike Vanderboegh with Sipsey Street Irregulars explains the particulars of "the deal" as follows: Boehner will "accept the scalps" of a number of insignificant Department of Justice officials "and Holder will survive - looking like a 'leader' for offering them up" so Boehner and company can "chalk one in the 'win' column for oversight and holding people accountable."

Book adds: "The weepy Speaker will officially let the most corrupt Department of Justice head in the nation’s history off the hook for complicity in the Regime’s murderous scheme to savage the 2nd Amendment rights of the American people" and "John Boehner will be pleased to sell them out in order to lay claim to the pathetically comic mantle of a tough-minded Republican.... That is, with the approval of the White House, of course."

And there you have it... the fix is in... yet another dog-and-pony show... yet another Boehner smoke-and-mirrors backroom deal whereby the corrupt Obama Regime gets away with crimes against the American people, Boehner gets to delude himself into believing he's won something, and the American people get nothing in return.

Yes, an insanely rotten deal is in the works and we're not about to let Boehner and company get away with it! It's up to patriotic Americans to put a stop to the insanity, right here and right now.


"If We Don’t Get To The Bottom Of This... There Is Only One Alternative That Congress Has, And It’s Called Impeachment.” -Congressman James Sensenbrenner


Apparently, Sensenbrenner neglected to check with Boehner before making that statement as it would appear that Boehner has been shamelessly angling all along to provide ANOTHER ALTERNATIVE: Milk the Fast and Furious scandal for what it's worth politically and quietly work behind the scenes WITH THE CULPRITS to make it go away BEFORE the American people are any the wiser.

Don't take our word for it. Matthew Boyle, a reporter with The Daily Caller, and one of the young turks who has diligently covered this story, reports "that Boehner and his staff have slowed the probe" from the very beginning.

And Book tells us that it was Boehner who "prevented Darrell Issa filing a charge of perjury against Holder even after documents proved the Attorney General’s May 4th House testimony concerning the date of his first 'acquaintance' with Fast and Furious to be an outright lie."

Well sorry, Mr. Boehner... you're busted... and your little political stunt isn't going to work!

And if you're asking what's motivating Boehner and some of our Republican leaders... do you even need to ask?

It's much easier to PRETEND to do the right thing in Washington than to muster up the courage to ACTUALLY do the right thing. That's how senior Republicans define business-as-usual in Washington.

Why pursue justice for the American people when you can use the criminal shenanigans of the Obama Regime to trick the American people into voting you back into office and giving you even more political power?

Puff, pontificate, put on a show and throw a little red meat to the base, but for goodness sakes, don't actually do anything.

That attitude needs to change and you can change it right here and right now. Mr. Boehner and our so-called Republican leaders need to know that their face-saving shenanigans simply aren't going to work.

They need to know that the American people are insulted by these dog-and-pony shows and they need to know that the American people will NOT grant them the political power that they so cherish if they continue on their present course and REFUSE to do what is required.

The American people want the truth. The American people want to know what Eric Holder and Barack Obama knew and when they knew it and the American people want heads to roll!

Join us and tell these so-called "leaders" that they must either give the American people what they want, or suffer the potentially career-ending political consequences for their refusal!

And know one thing... when they know the jig is up... they'll straighten up and fly right.

It's Official. Rush Was Right. We Were Right. And You Were Right.


When we told you that the real purpose behind Operation Fast and Furious was to manufacture a crisis, incite chaos on the border and thereby pave the way for the Obama Regime to enact a radical gun control agenda, the political elites in Washington laughed.

When Rush Limbaugh said it, they rolled their eyes. And when you said it, liberal elites told you to go to your closet and take out your tin-foil hats.

But guess what? Rush was right. We were right. And, more importantly, recently leaked emails confirm that you were right. Pass out the tin-foil hats.

Boyle again: "Emails from inside the Department of Justice appear to indicate Obama administration officials were plotting to use the consequences of Operation Fast and Furious to further a gun-control agenda. Sharyl Attkisson of CBS News reported Wednesday that the emails show agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) discussing how they would use Fast and Furious to 'argue for controversial new rules about gun sales.'"

Of course, rogue ATF agents WERE NOT the ones trying to create a crisis to ram a radical gun-control agenda down the throats of the American people. The order came from someone much higher up and the American people deserve to know all of the sordid details.

At the very least, it's as Rush said: "Obama's attorney general is participating in a scheme to undermine gun laws, a scheme to undermine the Second Amendment. The attorney general of this country and the president are participating in a scheme to undermine the Constitution of the United States."

And now, it appears, our Republican leaders are stupidly participating in the scheme.

We expect the Obama Regime to stonewall, obstruct and try to sweep this matter under the rug, but we're not about to let Boehner and company get away with it. They need to hear from you right now. They need to know that you're on to their little scheme and that you're not going to tolerate it!


The Center for Western Journalism
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[fuhr52]

Keep in mind if this administration is aloud to rewrite or remove any part of the US constitution at a whim, we are done. You may not care about the 2A but this is just one step to rewrite the whole thing. Sooner or later Obama will get to a section you are concerned about then what? This is a battle we all must fight. The definition of compromise: Agreeing with left wing liberals.

[Bob in Bristol]

Judge Rosemary Collyer a Bush appointee, that`s not good, there goes one of my theories. Debray, it proves one of your points, there is a lot of "shenanigans" on both sides. Nice post, lots of information.