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Federal Appeals Court Rules That The Executive Cannot Over-rule Federal Statutes—As Obama Did With His Administrative Amnesty
In an interesting case the 6th Circuit Appeals Court has ruled that a Federal agency, an Executive branch agency, cannot by administrative means, create an exemption for a statute. The ruling is an obscure issue in firearms legislation, and, by the way, in direct conflict with the Second Amendment, but for our purposes it states that an agency in the Executive branch may not administratively create an exemption to a statute passed by Congress and codified into law.
In the issue at hand the Bureau of Alcohol, Tobacco, Firearms, Explosives and Really Big Fires, created an exemption for the Fabrique Nationale semi-automatic version of their Fusil Automatique Leger, or Light Automatic Rifle. The Bureau of Alcohol, Tobacco, Firearms, Explosives and Really Big Fires had first approved its sale in the United States, then reversed itself, claiming that it was a machine gun because it could be too easily converted to fully automatic fire. For the record, the Constitution and the Second Amendment do not discriminate on the nature of firearms, all are protected.
But this does impact the Obama Regime Administrative Amnesty.
Firearms Coalition May 31, 2013 by Jeff Knox
(May 30, 2013) The Federal Appeals Court for the 6th Circuit has rejected the appeals of George Dodson and left standing his conviction and enhanced sentence for a variety of firearms violations under the National Firearms Act. In doing so, the court has placed a number of firearm owners and their guns at serious risk by, in effect, nullifying policies of the BATF “grandfathering” certain firearms when it established that the design constituted a machinegun. The court case dealt primarily with Drop-In Auto Sears (DIAS) for AR rifles, but the conclusions are much more far-reaching...
The court raised “public safety” concerns and stated; “Automatic weapons are just as dangerous whether they were manufactured in 1981 or 2011,” then concluded, speaking of the 1986 ban, that, “The ATF does not have the ability to redefine or create exceptions to Congressional statutes, and surely cannot do so before those statutes were passed.”
Quite clearly the 6th Circuit stated that John Morton...ehr... the Bureau of Alcohol, Tobacco, Firearms, Explosives, and Really Big Fires, does not have the authority to overturn an Act of Congress. More evidence that the Regime's lawlessness is just that. Time for John Boehner to move to impeachment.