Comment by rpmisms
1 year ago
I agree. Chevron deference has (indirectly) led to a shoelace being confiscated by the ATF as a machine gun.
1 year ago
I agree. Chevron deference has (indirectly) led to a shoelace being confiscated by the ATF as a machine gun.
So because of this you think we should dismantle the administrative state in favor of the judicial apparatus?
Everything I've read about this says it will result in mass deregulation of industries that must be regulated. (Koch Industries for example) In practical terms, in our current world, not in some libertarian-inspired fantasy that doesn't exist today.
There are definitely areas where Chevron deference can "hurt" us--for example political tampering at agencies.. but overall I think we should rely on experts to do the regulating and try to fix the existing system.
On top of that what happened to judicial precedent? Only good when it suits our ends I guess.
https://www.vox.com/scotus/2024/1/10/24025127/supreme-court-...
Don't forget about Matt Hoover of CRS Firearms being charged for conspiracy to transfer unregistered machine gun conversion devices. His crime? Advertising a trinket known as an "Auto Key Card", a metal business card etched with the outline of a lightning link, a device that--properly manufactured--can make a semi-automatic rifle full-auto.
The problem is that this device was nothing more than a drawing on a business card sized piece of steel. It amounts to an egregious first amendment violation at the very least.
https://www.justice.gov/usao-mdfl/pr/federal-jury-convicts-t...
https://www.pewpewtactical.com/autokeycard-explained/
You'll have to excuse me if I don't take the word of the website "pewpewtactical" as gospel on this matter. Especially with lines like this: "Aside from the fact the ATF hates anything fun..."
There's nothing earnest or in good faith here, and you can't reasonably make me believe otherwise. The person was trying to skirt the law and got caught.
Or let me put it another way: if this keycard isn't a big deal, why do gun owners care?
From the justice.gov link:
> The ATF examined the Auto Key Cards and a firearms enforcement officer was able to remove the pieces of a lightning link from an Auto Key Card using a common Dremel rotary tool in about 40 minutes.
So in effect, the ATF was able to manufacture an unregistered machine gun conversion device from a legal piece of steel with a drawing on it, using tools. Steel is not illegal, nor are drawings. As mentioned by rpmisms, we have a first amendment right to freedom of speech in the United States.
The same thing can be accomplished, arguably more easily, by bending a metal coat hanger into the required shape, but Target isn't being raided by the ATF.
8 replies →
> Aside from the fact the ATF hates anything fun.
This is an objective fact.
> The person was trying to skirt the law and got caught.
What law? The law that says you can't distribute a chart of a lightning link? That's not a real law. The point here is that the ATF created the law out of whole cloth.
> Or let me put it another way: if this keycard isn't a big deal, why do gun owners care?
Are you serious? The guy is going to jail under the charge that he distributed a machine gun, for distributing legal information in a country that has freedom of speech as the first amendment. He didn't even violate ITAR. I have a shirt with the CNC instructions to create a lightning link printed on it. Should I go to prison too?
"First they came for the $some_group..."
3 replies →
I have not forgotten, I know him and contributed to his defense fund. Absolutely horrendous miscarriage of justice.