J&G Sales Goes on the Offensive Against BATFE

[RandyCOG3]

I received an email from J&G Sales today, which indicates that they have filed suit against the BATFE regarding the recent "demand letter" from BATFE attempting to require states on the border with Mexico to report certain sales.

Here is an excerpt from that email:

"J&G NEWS: LAWSUIT FILED TODAY AGAINST THE BATFE

As many of you may have heard, the BATFE has sent an unprecedented “demand letter” to all the licensed firearms dealers in the four border states of Arizona, New Mexico, California, and Texas. This will require dealers to report to the BATFE the names and addresses and serial numbers of all purchases of more than one semi-automatic rifle, with a detachable magazine, over 22 caliber, within a 5 business day period. This new and extreme regulation goes into effect for all purchases that occur on or after August 14th, 2011. The BATFE has issued a new form 3310.12 that FFL dealers have to complete and return to the BATFE starting on this date and going forward.

The BATFE and Department of Justice has made this demand on us and on you, with no Congressional authorization. Therefore today J&G Sales has filed suit in the Washington DC federal court challenging this illegitimate regulation. We are being assisted in this law suit by the NRA as well. We hope the outcome of our challenge will be a reversal of this unconstitutional regulation.

Thank you all for your support of the 2nd amendment and will keep you all updated as this case progresses. "

RandyCOG3

[RicePaddyDaddy]

That was unfunded to stop it but they went ahead anyway.

[Arkane]

While I'm not a fan of some of their business practices I applaud them for taking the stand. I have spent and will continue to spend my money with them ;)

[jdowney]

Makes me want to order a gun from them :D:D:D

[bladeworks123]

Makes me wish I had enough money to buy two every five days from them, just to load up on paperwork. In fact, if I were them I would make people a special discount for buying them and then let customers bring them back in six days for a full "customer satisfaction" refund. Eric Holder wants paperwork, I would give him some paperwork. This whole issue has really left me scratching my head, I hope they are successful. And for what it's worth, I would change the title of your thread from "Offensive" to "Defensive"...but that's just me and the whole who threw the first punch thing.

[mitchstoner]

So if the order was defunded, then what ATF duties are being neglected in order to free up the resources and personnel for this de facto registration? If no other duties are being left undone, why does the ATF have excess resources and personnel available to employ in this illegal registration? And just how high do the orders come from, to perform this illegal registration that Congress has so clearly said "NO" to?

Is this order from the Executive Branch of government to ATF,"ignore and circumvent the clear intent of the Legislative Branch" a violation of the Constitution? Is it treason? Other type of crime?

Inquiring minds want to know when someone is going to be impeached.

[bladeworks123]

They already have the written Statute to enforce it....Look at first page, paragraph g 1 A right column... Pretty much lets the Attorney General dictate what forms are necessary, so they say...at least thtis what the BATF has listed on their site as their authority for requiring it....I don't agree and neither do a lot of other people.

http://www.atf.gov/firearms/industry/051711-supporting-statute-923-g-5-a.pdf


H (http://www.atf.gov/firearms/industry/051711-supporting-statute-923-g-5-a.pdf)ere are the other items they have listed in regard to this in case you want to read it

http://www.atf.gov/firearms/industry...a-az-nm-tx.pdf (http://www.atf.gov/firearms/industry/051711-proposed-lette- to-ffls -ca-az-nm-tx.pdf)
http://www.atf.gov/firearms/industry...le-rRifles.pdf (http://www.atf.gov/firearms/industry/051711-proposed-form-3310-12 -report-of-multiple-sale-rRifles.pdf)
http://www.atf.gov/firearms/industry...les-rifles.pdf (http://www.atf.gov/firearms/industry/051711-supporting-statement-multiple-sales-rifles.pdf)
http://www.atf.gov/firearms/industry...day-notice.pdf (http://www.atf.gov/firearms/industry/051711-comment-analysis-60-day-notice.pdf)

[RandyCOG3]

Makes me wish I had enough money to buy two every five days from them, just to load up on paperwork. In fact, if I were them I would make people a special discount for buying them and then let customers bring them back in six days for a full "customer satisfaction" refund. Eric Holder wants paperwork, I would give him some paperwork. This whole issue has really left me scratching my head, I hope they are successful. And for what it's worth, I would change the title of your thread from "Offensive" to "Defensive"...but that's just me and the whole who threw the first punch thing.

Blade, I completely 100% understand what you're saying. But, these a-holes have been throwing rocks at us for the last X years. I just CAN'T say J&G did was "defensive"

RE: your comment about paperwork.......it's no secret that I've been into what's know as "ham radio", like, forever.

Back before I knew 'em, a couple of my radio buds were required to fill out paperwork whenever they had any sort of contact with "Communists", since they were in potentially sensitive positions.

They got good and likker'd up, and talked to Ivan, Serge, Vlad, etc., ad infinitum, over that weekend, and dutifully deposited all of the mil-spec paperwork on the person's desk the following Monday.

I don't know whether or not that requirement went away... but, you see my point..

RandyCOG3

[kagans]

http://www.govtrack.us/congress/bill.xpd?bill=s112-570 Sadly folks the bill actually hasn't passed yet.

With that said, it still does not make what the ATF is doing legal. http://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act:

No such rule or regulation prescribed after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

They make the laws and then they break them. I hope the NRA and J&G sue over the violation of FOPA. This is exactly why the Second Amendment exists, to keep the government's hands off of the people's firearms.


http://www.constitution.org/uslaw/16amjur2nd.htm Something else I found interesting.