can and does the ATF make laws

[takto101]

can and does the ATF make laws???

if do can some one post a link with some info on it...

i would like info wether thay can or cant.

thanks

[ke6guj]

they can't make "laws", only congress can make laws that the president signs.

however, they do have the power to write regulations to support those laws.

[protohyp]

They have been know to make statements that people interpret as law. Then it gets spread around forums like this and turned into FUD and everyone throws in their interpretation of said statement.

[odysseus]

Defined:

https://en.wikipedia.org/wiki/Delegated_legislation

[Librarian]

they can't make "laws", only congress can make laws that the president signs.

however, they do have the power to write regulations to support those laws.

And violating those regulations can be and has been used to initiate prosecution.

[Victor Cachat]

All administrative agencies make regulations that have the force of law.
Even worse, they can try you in administrative courts, where you have fewer options if found guilty.

The Congress needs to take back oversight and responsibility for these agency's actions.

[sl0re10]

can and does the ATF make laws???

if do can some one post a link with some info on it...

i would like info wether thay can or cant.

thanks

Yes; as regulations are law... administrative law.

Authority to allow it:

http://en.wikipedia.org/wiki/Administrative_Procedure_Act

I like to bug liberals that they took the main ideas for this from the Italian fascists.

[Mitch]

Defined:

https://en.wikipedia.org/wiki/Delegated_legislation

This is a point that seems to elude many folks who get upset whenever the ATF publishes this or that regulation. In fact, the ATF has been directed by Congress to promulgate regulations tp enforce the NFA of 1934, the GCA of 1968 and other laws. It's what they do.

[Jimi Jah]

Selective enforcement is commonly used from the President on down.

[lhecker51]

And violating those regulations can be and has been used to initiate prosecution.

That being the case, there is no difference between laws and regulations other than congress having a much more difficult time enacting laws while it only takes a few minutes for the ATF to do so with a regulation.

Hypothetically, congress could spend months drafting and finally getting a law to ban green tip ammo, but ATF can spend less than a day to spit out a regulation that has the very same force of law to include criminal charges for violating it.


Who needs a congressman when you can do more damage with an appointed department head? Seems to me that these alphabet agencies have MUCH more power to make life miserable than a congressman could ever have.

[lhecker51]

This is a point that seems to elude many folks who get upset whenever the ATF publishes this or that regulation. In fact, the ATF has been directed by Congress to promulgate regulations tp enforce the NFA of 1934, the GCA of 1968 and other laws. It's what they do.

But the ATF can and has taken poorly written law and had a field day with it regarding interpretations. We live in a society of elastic definition of words. Given time, black can be defined as white and white as black.

[barrage]

This government's many agencies can and will effectively create whatever laws it feels like because the American people as a whole still believe civil participation like writing letters to their "representatives" is an effective means of preserving their rights.

[Mitch]

But the ATF can and has taken poorly written law and had a field day with it regarding interpretations.

That's just a consequence of poorly written laws. Someone has to decide, for example, which bit of a modular rifle is the receiver; and at what point, precisely, a hunk of aluminum becomes a firearm. Congress never said.

California's assault weapon laws were poorly written, both of them. In those cases, it worked to our advantage.

[jeffrice6]

This government's many agencies can and will effectively create whatever laws it feels like because the American people as a whole still believe civil participation like writing letters to their "representatives" is an effective means of preserving their rights.

Baring better voters, what's your alternative?

[MrPlink]

This government's many agencies can and will effectively create whatever laws it feels like because the American people as a whole still believe civil participation like writing letters to their "representatives" is an effective means of preserving their rights.

Separation of powers is not a right of the people.
Nice try though.