ATF: Sorry You Noticed Our Illegal Ban, We’ll Try Again Shortly

In response to overwhelming rejection by the American people, the ATF rescinded its current attempt, for a short while, to ban popular rifle ammunition.

Today, BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives) publicly pulled its questionable framework intended to ban certain ammo intended for the AR-15 rifle.

NOTICE TO THOSE COMMENTING ON THE ARMOR PIERCING AMMUNITION EXEMPTION FRAMEWORK

Thank you for your interest in ATF’s proposed framework for determining whether certain projectiles are “primarily intended for sporting purposes” within the meaning of 18 U.S.C. 921(a)(17)(C). The informal comment period will close on Monday, March 16, 2015. ATF has already received more than 80,000 comments, which will be made publicly available as soon as practicable.

Although ATF endeavored to create a proposal that reflected a good faith interpretation of the law and balanced the interests of law enforcement, industry, and sportsmen, the vast majority of the comments received to date are critical of the framework, and include issues that deserve further study. Accordingly, ATF will not at this time seek to issue a final framework. After the close of the comment period, ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals and opportunities for comment) before proceeding with any framework.

Those that follow the government might notice some key phrasing and just who this release was intended to address. “Those commenting on the …” tells readers that the ATF was incredibly surprised that many Americans did not support such unilateral and unconstitutional actions. The pure number of, mostly negative, comments was something the administration was hoping to avoid.

From a more general perspective, several key messages may be gleaned by a full reading of the text.

First, the ATF fully informs the reader that they will pull this framework and replace it with something else  [emphasis added]:

ATF will not at this time seek to issue a final framework .. ATF will process the comments received, further evaluate the issues raised therein, and provide additional open and transparent process (for example, through additional proposals…

Believing that the ATF has simply given up on a back door attack on the most popular rifle in America is misplaced. The administration simply failed to slip one by the public and is re-thinking its strategy. Future proposals will likely be fashioned to be less noticed, perhaps find a way around the public comment period and go after a smaller segment of the shooting sports community.

What is clear by the ATF’s letter is that they are not done – they will simply “provide additional open and transparent process (for example, through additional proposals…”

Americans cannot mistake this for a win as much as a delay. The ATF is sorry the public noticed what it was doing, sorry it had to deal with so many comments and is now bandaging its wounds for the next round. The will likely try again shortly after the comment period ends on March 16th.