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ellisonz

(27,711 posts)
Fri Jan 20, 2012, 04:39 PM Jan 2012

Gun Industry Suffers Stinging Defeat in Court

Dennis A. Henigan
Acting President, Brady Campaign; Author, 'Lethal Logic'
Posted: 1/19/12 01:57 PM ET

Last week, a federal judge in Washington handed the gun industry a painful legal setback in its efforts to prevent the Obama Administration from attacking the highly-profitable trafficking of assault rifles to the Mexican drug cartels.

Judge Rosemary Collyer -- who, incidentally, was appointed by George W. Bush -- upheld the Administration's new policy of requiring federally-licensed gun dealers in four border states to notify federal law enforcement authorities whenever there is a multiple purchase of certain semi-automatic rifles. Judge Collyer found this modest reporting requirement "reasonable" in light of evidence that "certain powerful long guns are weapons of choice of Mexican drug cartels" and "multiple sales of such guns is a strong indicator of gun trafficking."

The industry's reaction was a study in hypocrisy. The National Shooting Sports Foundation -- the industry trade association that brought the lawsuit -- issued a statement expressing its disappointment in the ruling, but emphasizing that "members of the firearms industry take great pride in their longstanding cooperative relationship" with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Yes, the industry is so "cooperative" that it took the ATF to court because retailers could not abide having to tell ATF when someone walks out of a Texas gun shop with ten semi-automatic assault rifles. I guess it's easy to be "cooperative" with ATF until the Bureau actually requires you to cooperate to fight gun trafficking.

The industry's strategy of contesting the reporting rule in court has clearly backfired. The gun industry has enthusiastically joined the National Rifle Association in denying that U.S. gun dealers are a primary source of guns for the Mexican cartels. Ironically, the industry's own lawsuit has given the government an opportunity to present the full range of evidence that the cartels are arming themselves with American guns, evidence the industry was unable to overcome.

http://www.huffingtonpost.com/dennis-a-henigan/gun-industry-suffers-stin_b_1216637.html

I thought gun control was dead.

27 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Gun Industry Suffers Stinging Defeat in Court (Original Post) ellisonz Jan 2012 OP
"Yes, the industry is so "cooperative" that it took the ATF to court" PavePusher Jan 2012 #1
"but I doubt Henigan will seek the professional counseling he so severely needs." ellisonz Jan 2012 #3
Post removed Post removed Jan 2012 #5
I'd probably just call him (Henigan) a liar. ;) n/t discntnt_irny_srcsm Jan 2012 #13
Bradys: GOP-founded, GOP-led organizaion. Is Henigan a GOPer as well? nt SteveW Jan 2012 #26
A "beer keg law", in other words: friendly_iconoclast Jan 2012 #2
Judge in DC doesn't like the second....go figure. ileus Jan 2012 #4
It will be interesting to see how this plays out. burf Jan 2012 #6
You should get out more. We knew about this last week. aikoaiko Jan 2012 #7
I know, I liked the article. ellisonz Jan 2012 #8
I tried dog-sitting once. discntnt_irny_srcsm Jan 2012 #14
... ellisonz Jan 2012 #16
When I read BS like this, I decided in my next visit to Arizona I am going to buy 3 AR15 lowers. E6-B Jan 2012 #19
Good to see articles on the internet... ellisonz Jan 2012 #20
I was going to pickup a couple of spare lowers also... ileus Jan 2012 #22
... rrneck Jan 2012 #9
Water seeking it's own level? S_B_Jackson Jan 2012 #21
Finding it's way around any obstacle. nt rrneck Jan 2012 #25
Gun control when left to the people is dead, it's alive and well with antijudges. ileus Jan 2012 #10
How many times can we post the same story when she's overturned? DonP Jan 2012 #11
This message was self-deleted by its author Tuesday Afternoon Jan 2012 #17
Ah, you've noticed? nt SteveW Jan 2012 #27
This message was self-deleted by its author Tuesday Afternoon Jan 2012 #12
It should be mentioned that if you buy more than two handguns in a week... spin Jan 2012 #15
No worries, the govt will open up new markets for the taliban, hamas, china, etc The Straight Story Jan 2012 #18
Hopefully this decision won't impact the #'s of firearms legally sold. ileus Jan 2012 #23
"stinging defeat" pipoman Jan 2012 #24
 

PavePusher

(15,374 posts)
1. "Yes, the industry is so "cooperative" that it took the ATF to court"
Fri Jan 20, 2012, 04:54 PM
Jan 2012

Yes, because we should always merely aquiece to government demands, and never use the court system to challange capriciousness and bureaucratic fiat.

Someones' definition of "co-operation" certainly does seem warped, but I doubt Henigan will seek the professional counseling he so severely needs.

ellisonz

(27,711 posts)
3. "but I doubt Henigan will seek the professional counseling he so severely needs."
Fri Jan 20, 2012, 05:02 PM
Jan 2012

Why do you feel the need to imply that other people who cogently disagree with you are mentally-ill?

Response to ellisonz (Reply #3)

 

friendly_iconoclast

(15,333 posts)
2. A "beer keg law", in other words:
Fri Jan 20, 2012, 05:00 PM
Jan 2012
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=118&topic_id=362693

As I've said elsewhere, this will do wonders for in-state tourism- there's nothing to hinder in the slightest manner a determined straw buyer doing a loop tour of their home state and buying one "semi-automatic assault rifle" (love that phrase) per gun shop. Repeat as necessary.

But it's the thought that counts, amirite?

burf

(1,164 posts)
6. It will be interesting to see how this plays out.
Fri Jan 20, 2012, 05:34 PM
Jan 2012

If the program is not funded, how is gonna happen?

aikoaiko

(34,169 posts)
7. You should get out more. We knew about this last week.
Fri Jan 20, 2012, 05:42 PM
Jan 2012

http://www.democraticunderground.com/11728873

Yes, you should be thrilled. You have another gun rule that will do nothing to prevent cartel violence.

ellisonz

(27,711 posts)
8. I know, I liked the article.
Fri Jan 20, 2012, 05:48 PM
Jan 2012

I get out plenty. Thanks for your concern. I'm dog-sitting, and they're napping.

 

E6-B

(153 posts)
19. When I read BS like this, I decided in my next visit to Arizona I am going to buy 3 AR15 lowers.
Sat Jan 21, 2012, 01:12 AM
Jan 2012

ellisonz

(27,711 posts)
20. Good to see articles on the internet...
Sat Jan 21, 2012, 01:19 AM
Jan 2012

...about social problems drives you to stimulate the economy.

Have you considered donating that money to charity or the Democratic cause?

https://donate.barackobama.com/page/contribute/o2012-donate-main

ileus

(15,396 posts)
22. I was going to pickup a couple of spare lowers also...
Sat Jan 21, 2012, 09:40 AM
Jan 2012

One I want labled as Muti-cal for my 6.8 hunting upper.

Since I've never built one I'd like to make a full on target/coyote 556 with the second.

Or maybe I'd be best just sitting them back with some parts kits and wait to make a profit.

 

DonP

(6,185 posts)
11. How many times can we post the same story when she's overturned?
Fri Jan 20, 2012, 07:05 PM
Jan 2012

Is there a designated multiple story rule on DU3 I missed?

I seem to recall we had a rash of multiple postings back on DU2 over some "win" by gun control people. But when it was overturned some of them got very pissy about the fact it got posted several times.

I know gun control folks are desperate for a "win" of any sort, by any means necessary, but I just wondered if there was an agreed upon standard for these things because I'm pretty sure this is gonna get thrown out.

Or can we just keep posting it as long as it makes us happy?

Response to DonP (Reply #11)

Response to ellisonz (Original post)

spin

(17,493 posts)
15. It should be mentioned that if you buy more than two handguns in a week...
Fri Jan 20, 2012, 08:23 PM
Jan 2012

the ATF gets notified and it doesn't matter where you live.



ATF Home
Firearms
Frequently Asked Questions
Conduct of Business — Licensees

***snip***

Q: As a licensed dealer, must I advise ATF if I sell more than one handgun to an individual?

If you sell or dispose of more than one handgun to any non-licensee during a period of 5 consecutive business days, the sale must be reported on ATF Form 3310.4, Report of Multiple Sale or Other Disposition of Pistols and Revolvers, not later than the close of the business day on which you sold or disposed of the second handgun. The licensee must forward a copy of the ATF Form 3310.4 to the ATF office specified thereon, and another copy must be forwarded to the State police or local law enforcement agency where the sale occurred. A copy of the Form 3310.4 also must be attached to the firearms transaction record, ATF Form 4473, documenting the sale or disposition of the second handgun.

A business day for purposes of reporting multiple sales of pistols or revolvers is a day that a licensee conducts business pursuant to the license, regardless of whether State offices are open. The application of the term “business day” is, therefore, distinguishable from the term “business day” as used in the NICS context. Example: A licensee conducts business only on Saturdays and Sundays, days on which State offices are not open. The licensee sells a pistol to an unlicensed person on a Saturday. If that same unlicensed person acquires another handgun the next day (Sunday), the following Saturday or Sunday, or the Saturday after the reporting requirement would be triggered, the subsequent acquisition of a handgun would have to be reported on a Form 3310.4 by the close of the day upon which the second or subsequent handgun was sold.

[18 U.S.C. 923(g)(3), 27 CFR 478.126a]
http://www.atf.gov/firearms/faq/licensees-conduct-of-business.html#multiple-handgun-sales




The Straight Story

(48,121 posts)
18. No worries, the govt will open up new markets for the taliban, hamas, china, etc
Sat Jan 21, 2012, 01:06 AM
Jan 2012

by selling them as weapons themselves on the open market like they do other defense items.

Only the US govt is allowed to traffic/profit

 

pipoman

(16,038 posts)
24. "stinging defeat"
Sat Jan 21, 2012, 10:15 AM
Jan 2012

LOL.

What is it now? 100/1 in favor of 2nd amendment liberalization court cases? If this is a "stinging defeat", the gun control advocates are in the grave from the constant and repeated pummeling they have and continue to take in the courts and more importantly at the ballot box..

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