The New Orleans-based Fifth Circuit Court of Appeals upheld a dismissal of gun dealer’s challenges to the Obama administration’s requiring that Federal Firearms Licensed gun dealers in four states that share the border with Mexico notify the federal government about multiple sales of certain types of semi-automatic rifles.
Keep in mind that the sale of arms across the border illegally was the Obama administration’s own idea in the first place with Operation Fast and Furious. Between Attorney General Eric “Let’s brainwash people concerning guns” Holder, who was held in contempt by Congress because he wouldn’t provide documents pertaining to the illegal activity of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Barack Obama, perhaps the people should be notified when they have any meetings to discuss anything.
A unanimous three-judge panel of the court rejected arguments that the Bureau of Alcohol, Tobacco, Firearms & Explosives exceeded its authority in issuing the rule, violated Congressional prohibitions against a national gun registry and imposed an unreasonable burden on gun dealers.
The decision, authored by Judge Patrick Higginbotham and joined by Judges Carolyn King and Edith Clement, tracks with and explicitly endorses a decision issued in May by a unanimous D.C. Circuit panel. That trio of judges also upheld the ATF rule against a similar challenge.
Higginbotham was appointed to the appeals court by President Ronald Reagan, King by President Jimmy Carter and Clement by President George W. Bush.
The National Rifle Association’s Andrew Arulanandam responded to the Court’s ruling, saying “We disagree with the Court’s decision and will be considering all of our options, legal and legislative, moving forward.”
This is the second federal appeals court that has endorse the Obama administration’s rule.
It’s amazing that the Second Amendment is clear in that there should be absolutely no infringing upon an individual’s right to keep and bear arms and it’s also part of the Fourth Amendment that the people be secure in their homes, papers and such. Yet, this tyranny persists and not only is it persisting, but it’s persisting unequally. Why only the border states? You do realize that once this issue gets settled it won’t be just the border states, right? They’ll be violating the Second and Fourth Amendments all over the place to push FFL dealers to sell out their customers.
Frankly, the Federal government has absolutely no constitutional authority when it comes to arms and the ATF is an unconstitutional agency in the Federal government. Perhaps, it’s time that the burn barrels be brought out in these states and customers stand with FFL dealers and destroy any and all records of purchases. After all, the entire process demanded by the ATF doesn’t have any roots in the Constitution.
Tim Brown is the Editor of Freedom Outpost and a regular contributor to The D.C. Clothesline.