Defending Second Amendment Rights

Information about Your Second Amendment Rights 

 

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April is Confederate History Month in Dixie

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Alberto Gonzales in action - new 2nd Amendment - ... shall be infringed as often as possible
by Mike Crane

Some have claimed that Alberto Gonzales as our attorney general would protect our Second Amendment rights. After all he was appointed by a Republican President, so he must be a "real" conservative. Well it is true he was appointed by a Republican President, but his record on protecting your Second Amendment rights is dismal.

Not only does Alberto Gonzales fully support repeating the semi-auto ban fiasco, he is now showing that he will chip away at your Second Amendment rights every chance he gets.

Case in point, read the recent announcement from the BATF below:

“in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled.”

So in this case Congress has passed on to an unelected individual the basic capability to establish rules that have the force of law. So our new Attorney General is using this misplaced authority to actually violate perfectly legal and properly applied and paid for permits in existence.

Set aside for a moment the fact that the Second Amendment says our rights " ... shall not be infringed." and think about a company that has established an operation based upon a legally applied for permit, filled out the volumes of paper work to comply with these intrusive regulations and paid hard earned money for the permit. One would think that this was sorta a contract between the government and the business.

IF YOU ALREADY HOLD AN APPROVED PERMIT TO IMPORT FRAMES, RECEIVERS AND BARRELS “FOR REPAIR OR REPLACEMENT,” ATF WILL BE SENDING YOU A LETTER EXPLAINING THAT YOUR PERMIT WILL BE SUSPENDED AFTER SEPTEMBER 10, 2005,

Out of the blue, our new Republican, so-called conservative, Attorney General finds a phrase in the volumes of laws, regulations, specification and rules passed by Congress, written by un-elected political cronies or resulting from defacto laws established by judicial rulings and takes it upon himself to "suspend" legally paid for permits.

Not only does this action show a careless disregard for the Second Amendment, it demonstrates an utter disregard for the primary purpose of government - to protect the rights of its citizens.

Now some may think that this is a very minor point and not worth even thinking about, but they are wrong. Even those who support gun control should be concerned about the power being transferred to unelected officials at an alarming rate in a total disregard for the Constitution. Bending to the pressure from the Bush Administration - Congress is passing volumes of new laws, regulations, specifications and rules at an alarming rate. National ID, Homeland Security, new Patriot Act and the list goes on and on.

Each one of these volumes of new laws contain phrases that will allow the personal agendas of appointed officials to trump what used to be your God given rights which are supposed to be protected by your government and the Constitution.

Our Founding Fathers and the citizens who fought for our Independence did not risk life and limb to put your rights in the hands of intrusive government officials. They had all of that they wanted from King George and the English Crown, free of charge!

Your Second Amendment and other rights are in a new period of jeopardy, the leadership of both the Republican and Democratic Party and many of their elected and appointed officials are ready to "suspend" them and will do so as fast as they can.

We hope that each of you will recognize that the time has come to get more involved in the political process and demand a return to our Founding Principles.

Modifying the famous words of Neil Armstrong, the "suspending" of legally obtained and paid for permits by an arbitrary decision by Alberto Gonzales:

"One small step for Alberto Gonzales, a giant step for intrusive government"

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ATF Seal U.S. Department of Justice

Bureau of Alcohol, Tobacco,
Firearms and Explosives

Assistant Director


  Washington, DC 20226

www.atf.gov


July 13, 2005

OPEN LETTER TO FEDERALLY LICENSED FIREARMS IMPORTERS
AND REGISTERED IMPORTERS OF U.S. MUNITIONS IMPORT LIST ARTICLES
 

The purpose of this open letter is to provide important information to importers concerning the lawful importation of certain frames, receivers and barrels.

Importation of Frames, Receivers or Barrels of Firearms Under Title 18 U.S.C. § 925(d)(3)

Section 925(d) provides standards for the importation of firearms and ammunition into the United States. In particular, section 925(d)(3) provides that the Attorney General shall authorize a firearm to be imported if it meets several conditions: (1) it is not defined as a firearm under the National Firearms Act (NFA); (2) it is generally recognized as particularly suitable for or readily adaptable to sporting purposes; and (3) it is not a surplus military firearm. However, the subsection further provides that “in any case where the Attorney General has not authorized the importation of the firearm pursuant to this paragraph, it shall be unlawful to import any frame, receiver, or barrel of such firearm which would be prohibited if assembled.”

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has determined that the language of 18 U.S.C. § 925(d)(3) permits no exceptions that would allow frames, receivers or barrels for otherwise non-importable firearms to be imported into the United States. Accordingly, ATF will no longer approve ATF Form 6 applications for importation of any frames, receivers, or barrels for firearms that would be prohibited from importation if assembled. No exceptions to the statutory language, for example for “repair or replacement” of existing firearms, will be allowed.

ATF recognizes that importers have, in the past, obtained import permits authorizing the importation of barrels and receivers for non-importable firearms for "repair or replacement" and may have entered into contracts in reliance upon such authorizations. In order to mitigate the impact of ATF’s change in import policy and to allow importers a reasonable period to come into compliance, ATF will forgo enforcement of this import restriction for 60 calendar days and allow importers holding existing permits to continue to import barrels and receivers for a period of 60 calendar days. ATF believes this time period is adequate for importers who have entered into binding contracts for the sale and shipment of such barrels and receivers to complete the process of importing the items into the United States. ATF will advise Customs and Border Protection that in no event should these permits be accepted to release these items for entry into the United States after September 10, 2005.

Importers are reminded that ATF previously approved permits for non-importable barrels and receivers for repair or replacement only, and this restriction was stamped on the face of the permit. Importers who import such components for any purpose other than repair or replacement of existing firearms, e.g., for assembly into new firearms, will be exceeding the scope of the import authorization in violation of law. If ATF determines, through inspection or otherwise, that an importer willfully violates the import provisions of the GCA, the importer's license is subject to revocation pursuant to 18 U.S.C. § 923(e).

Importers holding approved import permits for non-importable barrels and receivers will receive a letter prior to September 10, 2005, advising them that their permit has been suspended.
This determination affects importers as follows:

  1. IF YOU SUBMIT A NEW APPLICATION TO IMPORT FRAMES, RECEIVERS AND BARRELS ON OR AFTER THE DATE OF THIS LETTER, AND THE PERMIT IS FOR NONSPORTING FIREARMS, SURPLUS MILITARY FIREARMS, OR NATIONAL FIREARMS ACT FIREARMS, ATF WILL DENY YOUR APPLICATION.

     
  2. IF YOU HAVE SUBMITTED AN APPLICATION TO IMPORT FRAMES, RECEIVERS AND BARRELS THAT HAS NOT YET BEEN DENIED OR APPROVED BY ATF AND THE PERMIT IS FOR NONSPORTING FIREARMS, SURPLUS MILITARY FIREARMS OR NATIONAL FIREARMS ACT FIREARMS, ATF WILL DENY YOUR APPLICATION.

     
  3. IF YOU ALREADY HOLD AN APPROVED PERMIT TO IMPORT FRAMES, RECEIVERS AND BARRELS “FOR REPAIR OR REPLACEMENT,” ATF WILL BE SENDING YOU A LETTER EXPLAINING THAT YOUR PERMIT WILL BE SUSPENDED AFTER SEPTEMBER 10, 2005, AND PROVIDING YOU WITH INFORMATION REGARDING YOUR RIGHT TO SUBMIT ARGUMENTS WHY YOUR PERMIT SHOULD NOT BE REVOKED.

Maintaining open lines of communication is vital to the successful future of ATF’s partnership with the import community. The Firearms and Explosives Imports Branch staff is available to answer your questions about the issues addressed in this letter. You may reach us by phone at 202-927-8320 or by fax at 202-927-2697. Additional information regarding this issue will be provided on our Website at www.atf.gov.

 

Sincerely yours,

Signature of Lewis P. Raden
Lewis P Raden
Assistant Director
(Enforcement Programs and Services)


Source: http://www.atf.treas.gov/firearms/071305openletter.htm

 

If you have some interest in A Real Choice for the people of Georgia, the following articles may be of interest:

Part 1 Many ask, “Why a Southern Party …?”

Part 2 The Southern Party: Strengths and Weaknesses

Part 3 The Southern Party: A Plan for 2006 Election Cycle

Part 4 The Southern Party: We need your help

 

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