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by Frank M. Lee, for the Mises Institute
Many people who know anything about the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE, or ATF for short) will know they started off as a “harmless” tax collecting agency that eventually turned into a law enforcement agency in its own right. In other words, they evolved from a bunch of glorified robbers with mechanical calculators and spreadsheets into a gang of violent thugs with guns and badges. This transformation became obvious to the world in the famous Ruby Ridge (1992) and Waco (1993) incidents, both having had heavy ATF involvement and with the latter event culminating in an open massacre of the Branch Davidians that included women and children.
Later as they have cooled their trigger fingers, the ATF’s side gig of deliberately allowing guns to flow into Mexico for “tracking purposes” was exposed in the Fast and Furious scandal after two of these guns turned up near the scene of the killing of Brian Terry, a border patrol officer, in 2010 (a whole of lot of good this “tracking” did).
In more recent years, ATF’s favorite pastime has been to send several car-loads worth of thugs LARPing with full tactical gear to raid and intimidate American licensed gun dealers for supposed infractions of federal firearms laws and confiscate their property. Jim Skelton had his business raided in 2021 after a federal entrapping weasel lied on the federal background check forms and successfully purchased several firearms (a whole lot of good this “background check” did). Russell Fincher was raided at his home in 2023, one of the reasons being that he sold firearms without a Federal Firearms License (FFL), even though he had one. He was yelled at, threatened, and ultimately intimidated into giving up his license.
However, lately the ATF must have been having the blues and reminiscing about the good ol’ days when they could get some solid trigger time on some innocent Americans instead of just yelling at them and stealing their stuff, because just a couple of months ago they raided the home of Bryan Malinowski and shot and killed him.
Malinowski, executive director of the Clinton National Airport in Little Rock, was an avid gun collector and would frequent gun shows to buy and sell firearms with other private individuals, which is completely legal and does not require an FFL. His frequent buying and selling of guns prompted the ATF to consider him as “engaging in the business of selling firearms” and therefore violating a federal law by not having an FFL (what the actual threshold is, nobody knows). They thus obtained a search warrant and proceeded to serve it in the most dangerous way possible.
Even though they knew his workplace, work schedule, and phone number, they showed up at Malinowski’s house completely unannounced over an hour before sunrise, covered up the doorbell camera, cut their electricity, and then loudly banged on his door before breaking it down while Malinowski and his wife were asleep. The ATF deliberately created a situation in which any reasonable person would assume his home is being invaded by a gang of violent thugs (which was true in this case, but with the caveat that they had badges) and would be legally and morally justified in taking appropriate self-defense measures by shooting the intruders, which Malinowski did. One ATF agent was hit, but the gang (of which there were roughly ten carloads) returned fire, hitting Malinowski in the head. Naturally they confiscated a bunch of his property afterward.
Just recently a Congressional hearing was held regarding the ATF raid, in which members of Congress engaged in the usual partisan theatrics for our amusement in front of some cameras. One Stacy Plaskett (D-VI) took the opportunity to rant about Donald Trump and mass shootings (totally relevant to the ATF raid). Rep. Jim Jordan (R-OH) argued that the ATF was being over-zealous with its recent increased rate of revocations of FFLs (as if some “ideal” amount of zealousness exists in enforcing a ridiculous and pointless licensing scheme).
Rep. Dan Goldman (D-NY) expressed his anger that they were “criticizing the ATF because they retaliated with deadly force” after someone shot an ATF agent (who at the time was a violent intruder). Rep. Debbie Schultz (D-FL), remarked that there are “far too many loopholes” when buying a gun (like when entrapping weasels lie on federal background check forms) and then later said “isn’t it true that clerical errors can often be serious problems that cause guns to fall into a criminal’s hands?” (like when the ATF itself let a bunch of guns fall into criminals’ hands in Mexico).
Later in a separate hearing with ATF Director Steven Dettelbach, Jordan put Dettelbach’s feet to the proverbial (special effects) fire by questioning him about the policy of federal officers while executing search warrants to have body cameras on, which were distinctly missing in the Malinowski incident. Dettelbach replied that because the policy had a “phased implementation,” only about a third of all ATF agents had them (The policy was only over 20 months old at the time; give them a break!). Of course, when the ATF issues its various arbitrary and capricious rulings, such as the infamous bump-stock, pistol-brace, and frame-definition rules, we common plebs must obviously comply immediately or face the prospect of federal charges, while the ATF itself can take its sweet time to implement something as novel and intricate as body cameras! How convenient it must be to be the enforcer of one’s own rules.
In the end, I think the ATF is unlikely to face any consequences of note for breaking into an innocent American’s house and murdering him. It is noteworthy that the Malinowski raid, which was premised on the excuse that he was considered an unlicensed gun dealer, took place roughly two months before a new rule was to go into effect (it has been stayed as of this writing). This rule “clarifies” who is to be considered as “engaging in the business” as a gun dealer. However, in typical government fashion, the only thing that is really clarified is the fact that the ATF intends to further confuse the public and exercise increasingly arbitrary power to terrorize and prosecute American gun owners. There is really only one remedy. Abolish the ATF.
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Categories: Commentary, Gunrights, National News
And here we see a perfect example of how the federal government gets around the law by creating agencies which then create “policies” with, purportedly, the full effect of law.
Uhhhh…no. That’s not how it works. Only Congress can create laws. Period. And, theoretically at least, it is Congress who has “oversight” of said agencies created out of thin air.
This goes back to my point that *none* of their (let’s call them what they are) mandates have the force of law, and therefore we have the right to obey them or not.
This applies as well to states and their mandates and “executive orders”, which, again, are not laws and need not be obeyed.
For that matter, it also applies to any President’s “executive orders”. Nowhere in the Constitution does it give any non-legislative body the power to create laws. Policy? Yes. Laws? No, with the possible exception of “national emergencies”.
But again, who defines and decides what a “national emergency” is? If the answer is any individual or non-legislative group, then who’s to stop the “party in power” from, say, deciding that Christians are “domestic terrorists”? That censorship is fine and dandy when it benefits the current regime?
Folks, we’ve dug a very deep hole for ourselves by not objecting long ago. It’s about time we stop digging further and start climbing out of that hole, or sometime in the not too distant future, it will be too late.
Haven’t we been under some state of emergency for a long time? Maybe it was FDR…this needs to change, but how?!
We have seen the dictatorial power of executive action emanate from an administration that accuses it’s electoral rival of being a dictator. We have seen countless lies spew forth from the lips of a senile president who incessantly accuses his opponent of being a liar. We have seen democrats warn of an opponent who is a threat of getting us into WWIII even though his first term as president was the most dovish in 3 generations. Democrats have supported an administration that accuses it’s rival of being “a threat to democracy”, while it has unleashed numerous government agencies as weapons against it’s citizens for engaging in Constitutionally-protected acts of expression. Biden’s justice department has literally jailed political opponents while acting to protect members of his own family who have broken our laws and endangered our national security by taking bribe money from foreign oligarchs and officials. This is the hole the majority of voters in this once-great country have dug us into.
The BATF needs to go, they think they are above the law and make rules and mandates that are only politically motivated and not following the Constitution, something they took an oath to protect and defend, disband the BATF/ ATF !!
I am sure I am not the only curious as to why Congress is so willing to abdicate their law-making reaponsibility to federal agencies. You would think Congress would be cheering the recent stikedown of Chevron, but instead, the Dems are bleating (again) about descending into chaos (again). Well, its actions like this by the ATF that show all the more reason to start cleaning house this January!!
The Chevron ruling should prevent the ATF from trying made up rules like the bump stocks, etc. in the future. The Demonrats are always bleating about the imminent disaster of of legislation they don’t like. I can remember them screeching that the interstate highways would run red with blood when the hated and universally ignored 55 MPH speed limit was finally lifted.
“I am sure I am not the only curious as to why Congress is so willing to abdicate their law making responsibility to federal agencies.”
There is a parallel with what happens with the “Supermajority” in our Vermont legislature. We are all familiar with the extent of consultants, lobbyists, and committees, and work groups that are primarily comprised of non-legislative people to develop the processes and/or structures for implementing laws.
An example would be the Clean Heat Standard. I believe this is done so that the legislators who put such laws in place don’t have to be directly responsible! They essentially abdicate their responsibilities to the study/work groups.
The BATFE is the only agency created to regulate a right. It is an unconstitutional agency because the 2nd Amendment does not grant us any right to keep and bear arms. The 2nd Amendment forbids the government from infringing on the right granted to us by Natural Law. Everything the BATFE does is forbidden by the Constitution.
Unconstitutional Official Acts
16 Am Jur 2d, Sec 177 late 2d, Sec 256:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The US. Constitution is the supreme law of the land, and any statute, to be valid, must be In agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it’s enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it..… A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the lend, it is superseded thereby. No one Is bound to obey an unconstitutional law and no courts are bound to enforce it. The Supreme Court’s decision is as follows; “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it in legal contemplation, as inoperative as though it has never been passed”. Norton vs Shelby County 1886 – 118 US 425 p.442.
Alexander Hamilton explains unconstitutional law in Federalist No.76; “No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; the servant is above his master; that the representatives of the people are superior to the people themselves; those men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid”.
“All laws which are repugnant to the Constitution are null and void”.
Marbury vs Madison, 5 US (2 Cranch) 137, 174, 176, (1803)
a. t. f. //// alcohol//// tobacco//// firearms//// now , what is the real purpose of this agency and why was it set up////
The Biden administration has been weaponizing the BATFE to reduce the number of sources of legal guns. That executive branch has also weaponized several other of it’s agencies to go after individuals for such activities as attending Catholic Latin Mass and for speaking out at school board meetings, rendering opinions that are not congruent with the progressive worldview. Everything democrats accuse Trump of, they are themselves into with impunity. Party leaders and their fawning media maintain as they have for years that Trump will be a dictator, jail his political opponents and get us into WWIII. How do they still so shallowly surmise that this businessman involved in real estate and entertainment would be tyrannical, especially after he already has a 4 year track record as president? Our government has a robust separation of powers in place. Although clearly the current executive branch is overstepping with Biden’s new crackdown on individuals engaging in informal gun sales, and the heightened scrutiny on record keeping by FFL licensed dealers. You just better hope that your favorite gun shop can avoid any minor bookkeeping errors while this clown is president.