The ATF does not have the legal right to ban AR-15 ammo
The law is such an inconvenient thing: The Obama administration’s attempt to ban from public sale the most popular ammo used with AR-15 rifles is not based on any law on the books.
Even though the ATF currently claims that the round was always covered under the 1986 law defining armor-piercing ammunition and that the agency only temporarily exempted it from regulation and prohibition, that is also false. ATF never had that authority. It was the clear language of the statute, not the ATF’s good graces, that excluded M885 ammo from its definition. The ATF didn’t have the authority then, and the Obama administration doesn’t have the authority now, to ban this ammunition. It is a lawless power grab that should be treated as such by each court that is given an opportunity to review it.
The author does a careful analysis of the actual law, and finds the Obama administration in clear violation of it.
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The law is such an inconvenient thing: The Obama administration’s attempt to ban from public sale the most popular ammo used with AR-15 rifles is not based on any law on the books.
Even though the ATF currently claims that the round was always covered under the 1986 law defining armor-piercing ammunition and that the agency only temporarily exempted it from regulation and prohibition, that is also false. ATF never had that authority. It was the clear language of the statute, not the ATF’s good graces, that excluded M885 ammo from its definition. The ATF didn’t have the authority then, and the Obama administration doesn’t have the authority now, to ban this ammunition. It is a lawless power grab that should be treated as such by each court that is given an opportunity to review it.
The author does a careful analysis of the actual law, and finds the Obama administration in clear violation of it.
The support of my readers through the years has given me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Four years ago, just before the 2020 election I wrote that Joe Biden's mental health was suspect. Only in this year has the propaganda mainstream media decided to recognize that basic fact.
Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Even today NASA and Congress refuse to recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
Please consider supporting my work here at Behind the Black.
You can support me either by giving a one-time contribution or a regular subscription. There are five ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation:
5. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above. And if you buy the books through the ebookit links, I get a larger cut and I get it sooner.
Of course they have the authority to ban ammunition!
Because: a) the emperor has a pen
and b) the emperor has a phone
The ATF is merely acting in another move to extend the emperor’s control over the levers of power whether or not he has expressed his desire to do so. There will be no “smoking gun”.
Besides, what recourse is there to oppose the emperor if the emperor cannot be impeached or defunded?
We did a wait and see and now we know the results… Something like 30,000 emails of hate and discontent did a nice job of changing their mind before it was too late. The order has officially been rescinded… for now.
(they were actually surprised of how few supporters they had)
Obama never put much store in the law. He ignores the inconvenient laws and enforces convenient laws (those that reward his friends or punish his enemies) and pretends that other laws exist or existing laws let him do whatever he wants to do.
Despite his prestigious position on the Harvard Law Review, there is hardly any evidence that he has ever read a law. He seems to know about the US Constitution, however, as he has referenced it as a charter of negative liberties. Who is it negative for? Obama and his method of governance.