Comments on: Dealer Regulations http://www.snowflakesinhell.com/2008/02/13/dealer-regulations/ Where There's Snow, There's Firepower Thu, 20 Nov 2008 07:56:01 +0000 http://wordpress.org/?v=2.6.3 By: Kristopher http://www.snowflakesinhell.com/2008/02/13/dealer-regulations/#comment-19181 Kristopher Wed, 13 Feb 2008 22:11:22 +0000 http://www.snowflakesinhell.com/?p=2670#comment-19181 Applying for and holding the FFL while not entirely meeting the BATFE's made up ( non-USC ) requirements is not unlawful in itself. The BATFE can use failure to be in the business, and failure to observe zoning regulations as an excuse to deny or revoke an FFL ... which they would do with us mere peasants in a heartbeat. They can even inflict "administrative fees". But you can't force them to apply their administrative crap fairly. It wouldn't surprise me if someone at the BATFE itself suggested they get an FFL to avoid legal hassles. Applying for and holding the FFL while not entirely meeting the BATFE’s made up ( non-USC ) requirements is not unlawful in itself.

The BATFE can use failure to be in the business, and failure to observe zoning regulations as an excuse to deny or revoke an FFL … which they would do with us mere peasants in a heartbeat. They can even inflict “administrative fees”.

But you can’t force them to apply their administrative crap fairly.

It wouldn’t surprise me if someone at the BATFE itself suggested they get an FFL to avoid legal hassles.

]]> By: Sebastian http://www.snowflakesinhell.com/2008/02/13/dealer-regulations/#comment-19176 Sebastian Wed, 13 Feb 2008 21:24:48 +0000 http://www.snowflakesinhell.com/?p=2670#comment-19176 It's quite possible they'll deny this. There's an exemption in FOIA for certain records that could possibly be used for law enforcement purposes. ATF has used this to deny FOIA requests before. Of course, when the denial was challenged in court, ATF lost. BTW, Tiahrt is actually a limit on ATF's FIOA powers, that was meant to deal with the fact that ATF lost that battle in court. The FOIA denied under those grounds was by the City of Chicago for trace data. It's worth a try though, but they should keep the request simple, and just request all documents associated with that FFL license. Leave the scathing legal questions out, it will just confuse the people who handle this stuff, and make it more likely the request will be denied. It’s quite possible they’ll deny this. There’s an exemption in FOIA for certain records that could possibly be used for law enforcement purposes. ATF has used this to deny FOIA requests before. Of course, when the denial was challenged in court, ATF lost. BTW, Tiahrt is actually a limit on ATF’s FIOA powers, that was meant to deal with the fact that ATF lost that battle in court. The FOIA denied under those grounds was by the City of Chicago for trace data.

It’s worth a try though, but they should keep the request simple, and just request all documents associated with that FFL license. Leave the scathing legal questions out, it will just confuse the people who handle this stuff, and make it more likely the request will be denied.

]]> By: kaveman http://www.snowflakesinhell.com/2008/02/13/dealer-regulations/#comment-19175 kaveman Wed, 13 Feb 2008 21:23:48 +0000 http://www.snowflakesinhell.com/?p=2670#comment-19175 Someone over at the THR has filed a FOIA request for more info on Sugarmann's FFL Worth reading. http://www.thehighroad.org/showpost.php?s=514832490870b668e46cabba08d88e5f&p=4185516&postcount=23 Someone over at the THR has filed a FOIA request for more info on Sugarmann’s FFL

Worth reading.

http://www.thehighroad.org/showpost.php?s=514832490870b668e46cabba08d88e5f&p=4185516&postcount=23

]]> By: VariableFeedback http://www.snowflakesinhell.com/2008/02/13/dealer-regulations/#comment-19174 VariableFeedback Wed, 13 Feb 2008 21:08:09 +0000 http://www.snowflakesinhell.com/?p=2670#comment-19174 "Note that ATF accepts reasons for having a “dealer” license other than dealing firearms. Gunsmiths also qualify for an FFL as well." True, but aren't those with other (non-dealer) reasons to have an FFL granted different FFLs, such as the 03 (C&R)? The VPC FFL is an 01, if I read it correctly. A manufacture would be an 06. “Note that ATF accepts reasons for having a “dealer” license other than dealing firearms. Gunsmiths also qualify for an FFL as well.”

True, but aren’t those with other (non-dealer) reasons to have an FFL granted different FFLs, such as the 03 (C&R)? The VPC FFL is an 01, if I read it correctly. A manufacture would be an 06.

]]> By: FreedomSight » Blog Archive » More on the Sugarmann FFL http://www.snowflakesinhell.com/2008/02/13/dealer-regulations/#comment-19173 FreedomSight » Blog Archive » More on the Sugarmann FFL Wed, 13 Feb 2008 20:35:16 +0000 http://www.snowflakesinhell.com/?p=2670#comment-19173 [...] Sebastian has more info. Even if it’s technically a legal license, it still reeks of hypocrisy. tags: [RKBA, idiots]  You can leave a response, or trackback from your own site. [...] [...] Sebastian has more info. Even if it’s technically a legal license, it still reeks of hypocrisy. tags: [RKBA, idiots]  You can leave a response, or trackback from your own site. [...]

]]> By: Mad Saint Jack http://www.snowflakesinhell.com/2008/02/13/dealer-regulations/#comment-19172 Mad Saint Jack Wed, 13 Feb 2008 20:23:16 +0000 http://www.snowflakesinhell.com/?p=2670#comment-19172 Has anyone looked to see if they are violating their 501(c) ( 3) status? Has anyone looked to see if they are violating their 501(c) ( 3) status?

]]> By: Bitter http://www.snowflakesinhell.com/2008/02/13/dealer-regulations/#comment-19171 Bitter Wed, 13 Feb 2008 20:00:17 +0000 http://www.snowflakesinhell.com/?p=2670#comment-19171 <i>He’s the attorney, so I’ll take his word for it here.</i> Or, you know, you could just think back to that time you picked me up at work. :) He’s the attorney, so I’ll take his word for it here.

Or, you know, you could just think back to that time you picked me up at work. :)

]]> By: SayUncle » More speculation on the Violence Policy Center’s firearms dealers license http://www.snowflakesinhell.com/2008/02/13/dealer-regulations/#comment-19165 SayUncle » More speculation on the Violence Policy Center’s firearms dealers license Wed, 13 Feb 2008 18:56:34 +0000 http://www.snowflakesinhell.com/?p=2670#comment-19165 [...] Some speculation in the past that it was illegal. Sebastian says probably not so much. [...] [...] Some speculation in the past that it was illegal. Sebastian says probably not so much. [...]

]]>