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NRA Sues ATF: A Deep Dive into the Ongoing Legal Battles
The National Rifle Association (NRA), a powerful lobbying group advocating for gun rights in the United States, has a long history of legal battles with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These clashes often center on interpretations of gun laws and regulations, with significant implications for gun owners and the broader debate surrounding firearms control. This in-depth analysis explores the current legal landscape surrounding the NRA's lawsuits against the ATF, examining the key issues, the potential consequences, and the ongoing implications for gun policy in America. We'll delve into specific cases, dissect the arguments presented by both sides, and analyze the potential impact on gun ownership and regulations.
I. Understanding the NRA's Relationship with the ATF:
The NRA and the ATF have a complex, often adversarial relationship. The NRA consistently argues that the ATF oversteps its authority, interpreting regulations in ways that infringe upon the Second Amendment rights of gun owners. Conversely, the ATF maintains that it is simply enforcing existing laws designed to ensure public safety and prevent gun violence. This inherent tension fuels numerous legal battles, with the NRA frequently challenging ATF rules and actions in court.
II. Recent Notable Lawsuits: A Case-by-Case Analysis
The NRA doesn't file lawsuits frivolously. Each suit represents a significant challenge to a specific ATF policy or regulation. Let's analyze some of the most impactful recent cases:
Case Study 1: The "Bump Stock" Ban: The ATF's 2018 ban on bump stocks, devices that allow semi-automatic weapons to fire at a faster rate, sparked significant outrage among gun rights advocates. The NRA challenged this ban, arguing that the ATF misrepresented the legal definition of a machine gun and therefore lacked the authority to classify bump stocks as such. This case highlighted the ongoing debate over the ATF's ability to reinterpret existing regulations.
Case Study 2: Challenges to Pistol Brace Regulations: The ATF's fluctuating stance on pistol braces, devices attached to handguns that allow for shouldering, has also led to multiple legal battles. The NRA has argued that the ATF's changing interpretations and enforcement actions constitute arbitrary and capricious rulemaking, violating due process rights of gun owners. This case underscores the uncertainty faced by gun owners regarding the legality of certain firearm accessories.
Case Study 3: Challenges to “Ghost Gun” Regulations: The increasing prevalence of “ghost guns” – homemade firearms without serial numbers – led the ATF to issue regulations aimed at curbing their proliferation. The NRA has challenged these regulations, arguing they place an undue burden on law-abiding citizens while being ineffective in combating criminal activity. This case reflects the broader debate about the effectiveness of gun control measures and their impact on responsible gun owners.
III. Legal Strategies Employed by the NRA
The NRA employs sophisticated legal strategies in its challenges to the ATF. These strategies often involve:
Constitutional Arguments: The NRA frequently frames its arguments around the Second Amendment, claiming that ATF regulations infringe upon the right to keep and bear arms. They leverage Supreme Court precedents to bolster their claims.
Administrative Law Challenges: The NRA frequently argues that the ATF has exceeded its statutory authority or acted arbitrarily and capriciously in issuing regulations. They challenge the rulemaking process itself, highlighting procedural flaws or inconsistencies.
Standing Arguments: Establishing standing – demonstrating a direct injury caused by an ATF action – is crucial for the NRA to successfully challenge regulations. This requires demonstrating how the regulations directly impact their members' ability to legally own and use firearms.
IV. The Impact on Gun Policy and Public Discourse:
The outcomes of these lawsuits have significant ramifications for gun policy in the United States. Victories for the NRA often lead to rollbacks or modifications of ATF regulations, while defeats may embolden the agency to pursue stricter enforcement. Regardless of the outcome, these legal battles shape public discourse, influencing gun control debates and legislative efforts.
V. The Future of NRA vs. ATF Legal Battles:
The legal battles between the NRA and the ATF are likely to continue. As gun control remains a highly divisive political issue, we can expect further challenges to ATF regulations, especially as technology continues to evolve and new types of firearms and accessories emerge. The outcome of these lawsuits will significantly influence the landscape of gun ownership and regulation in the years to come.
Article Outline:
Title: NRA Sues ATF: A Deep Dive into the Ongoing Legal Battles
Introduction: Hooks the reader, provides an overview of the article's contents.
Chapter 1: The NRA-ATF Relationship: Explores the history and nature of their adversarial relationship.
Chapter 2: Key Lawsuits: Analyzes several significant lawsuits, detailing the issues, arguments, and outcomes.
Chapter 3: NRA's Legal Strategies: Examines the legal approaches employed by the NRA.
Chapter 4: Impact on Gun Policy: Discusses the influence of these lawsuits on national gun policy and public debate.
Chapter 5: Future of the Conflict: Speculates on the likely continuation of these legal battles.
Conclusion: Summarizes the key findings and offers concluding thoughts.
FAQs: Answers nine frequently asked questions about the topic.
Related Articles: Lists nine related articles with brief descriptions.
(Note: The above outline has been expanded upon in the body of the article above.)
FAQs:
1. What is the ATF's role in regulating firearms? The ATF is responsible for enforcing federal laws related to firearms, explosives, and alcohol and tobacco products. This includes regulating the manufacturing, distribution, and sale of firearms.
2. Why does the NRA frequently sue the ATF? The NRA argues that the ATF often oversteps its authority, creating regulations that infringe upon the Second Amendment rights of gun owners.
3. What are some of the key legal arguments used by the NRA? The NRA frequently cites the Second Amendment, challenges ATF's interpretation of existing laws, and argues that ATF regulations are arbitrary and capricious.
4. What are "bump stocks" and why were they banned? Bump stocks are devices that increase the rate of fire of semi-automatic weapons. The ATF banned them, classifying them as machine guns.
5. What are "ghost guns" and how does the ATF regulate them? Ghost guns are homemade firearms lacking serial numbers. The ATF has implemented regulations aimed at controlling their production and sale.
6. What is the impact of these lawsuits on gun policy? The outcomes of these lawsuits significantly shape gun policy by influencing ATF regulations and shaping public discourse on gun control.
7. What are the potential consequences of the NRA winning or losing these lawsuits? An NRA victory could lead to relaxed gun regulations, while an ATF victory could result in stricter enforcement.
8. How does the Second Amendment factor into these legal battles? The Second Amendment right to bear arms is central to many NRA arguments, framing the challenges as violations of this constitutional right.
9. Where can I find more information about these lawsuits? You can research court documents related to specific cases, consult news articles covering these legal battles, and explore resources from both the NRA and the ATF.
Related Articles:
1. The Second Amendment and its Interpretation: Examines the historical context and evolving interpretations of the Second Amendment.
2. ATF Regulatory Power and Oversight: Discusses the scope of the ATF's authority and mechanisms for oversight.
3. The History of Gun Control Legislation in the US: Provides a timeline of significant gun control laws passed in the United States.
4. The Role of Lobbying Groups in Gun Policy: Explores the influence of various lobbying groups on gun control legislation.
5. Understanding the Different Types of Firearms: Offers an overview of various firearm types and their functionalities.
6. Gun Violence Statistics and Trends: Examines data on gun violence in the United States.
7. The Debate Over Background Checks for Gun Purchases: Discusses the arguments surrounding background checks and their effectiveness.
8. The Impact of Mass Shootings on Gun Control Debates: Analyzes the influence of mass shootings on public opinion and legislative efforts.
9. Mental Health and Gun Violence: Examines the relationship between mental health issues and gun violence.
| nra sues atf: Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006 United States. Congress. House. Committee on the Judiciary, 2006 |
| nra sues atf: National Rifle Association Josh Sugarmann, 1992 An expose of the principal lobbying group for the right-to-bear- arms, accusing the organization and its members of intimidation, misappropriation of funds, sexual misconduct, and endorsing prurient videos. Available from National Press Books, 7200 Wisconsin Avenue, Suite 212, Bethesda, MD 20814. Annotation copyrighted by Book News, Inc., Portland, OR |
| nra sues atf: Gunfight: The Battle over the Right to Bear Arms in America Adam Winkler, 2011-09-19 A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation. |
| nra sues atf: United States Congressional Serial Set, Serial No. 15062, House Reports Nos. 663-676 , The Serial Set contains the House and Senate Documents and the House and Senate Reports. This volume includes House Reports from 109th Congress, 2nd Session, 2006. |
| nra sues atf: Inside the NRA Joshua L. Powell, 2020-09-08 A shocking exposé of rampant, decades-long incompetence at the National Rifle Association, as told by a former member of its senior leadership. Joshua L. Powell is the NRA--a lifelong gun advocate, in 2016, he began his new role as a senior strategist and chief of staff to NRA CEO Wayne LaPierre. What Powell uncovered was horrifying: the waste and dysfunction at the NRA was staggering. INSIDE THE NRA reveals for the first time the rise and fall of the most powerful political organization in America--how the NRA became feared as the Death Star of Washington lobbies and so militant and extreme as to create and fuel the toxicity of the gun debate until it became outright explosive. INSIDE THE NRA explains this intentional toxic messaging was wholly the product of LaPierre's leadership and the extremist branding by his longtime PR puppet master Angus McQueen. In damning detail, Powell exposes the NRA's plan to pour gasoline on the fire in the fight against gun control, to sow discord to fill its coffers, and to secure the presidency for Donald J. Trump. |
| nra sues atf: Gun Control Myths John Lott, 2020-07-03 Lott blows away one false myth about gun ownership after another. As Andrew Pollack's Foreward notes; Learn the actual facts that debunk them. From myths about mass public shootings to suicides to gun ownership rates and crime to gun free zones, Lott addresses the claims you frequently hear in the media and explains what is wrong with those claims. John Lott has been giving us the facts about guns for decades. Finally clear to all that one party in America has an anti-Second Amendment platform and wants to disarm you. Now you need to arm yourself with the Truth. Buy and read Gun Control Myths today. Before it's too late. Sebastian Gorka Ph.D.,host of AMERICAN First, former Strategist to President Trump John Lott shows that the media and many politicians are biased against guns. For example, many stories are written in the media about shooters, but very few about defensive uses of guns. Similarly, he shows that some gun control policies are actually counterproductive. Shooters seek out gun-free zones. If we banned assault weapons, shooters might shift to larger hunting guns. The book is copiously footnoted. It is full of statistical and graphical analysis, so that his points are easily grasped and persuasive. Anyone who advocates gun control and does not seriously consider John's work is negligent. Any journalist who does not at least consider John's work is committing journalistic malpractice. Paul H. Rubin, Dobbs Professor of Economics Emeritus, Emory University We have John Lott to thank for once again providing factual and empirical based research to counter the anti gun movement's well funded and organized campaign based on nothing more than slogans, myths and propaganda designed to demonize supporters of our cherished Second Amendment right to keep and bear arms. David Clarke Sheriff(RET) Milwaukee County John Lott is the go-to expert when it comes to protecting the second amendment. Without the second amendment Americans could be stripped of our right to arm ourselves against aggressors. Arm yourselves with knowledge by reading Gun Control Myths and join me in protecting the Second Amendment. Eric Bolling Host AMERICA This Week Sinclair Broadcast |
| nra sues atf: Fast and Furious Katie Pavlich, 2012-04-16 A book to challenge the status quo, spark a debate, and get people talking about the issues and questions we face as a country! |
| nra sues atf: Lethal Passage Erik Larson, 1995-01-15 This devastating book illuminates America's gun culture -- its manufacturers, dealers, buffs, and propagandists -- but also offers concrete solutions to our national epidemic of death by firearm. Touches on all aspects of the gun issue in this country. Gives great voice to that feeling...that something real must be done. --San Diego Union-Tribune One of the most readable anti-gun treatises in years. --Washington Post Book World It begins with an account of a crime that is by now almost commonplace: on December 16, 1988, sixteen-year-old Nicholas Elliot walked into his Virginia high school with a Cobray M-11/9 and several hundred rounds of ammunition tucked in his backpack. By day's end, he had killed one teacher and severely wounded another. In Lethal Passage Erik Larson shows us how a disturbed teenager was able to buy a weapon advertised as the gun that made the eighties roar. The result is a book that can -- and should -- save lives, and that has already become an essential text in the gun-control debate. |
| nra sues atf: A Well-regulated Militia Saul Cornell, 2006 A leading constitutional historian argues that the Founding Fathers viewed the right to bear arms as neither an individual nor a collective right, but rather an obligation a citizen owed to the government to arm themselves and participate in a well-regulated militia. |
| nra sues atf: Guns, Democracy, and the Insurrectionist Idea Joshua Horwitz, Casey Anderson, 2009-04-29 Guns, Democracy, and the Insurrectionist Idea recasts the gun debate by showing its importance to the future of democracy and the modern regulatory state. Until now, gun rights advocates had effectively co-opted the language of liberty and democracy and made it their own. This book is an important first step in demonstrating how reasonable gun control is essential to the survival of democracy and ordered liberty. ---Saul Cornell, Ohio State University When gun enthusiasts talk about constitutional liberties guaranteed by the Second Amendment, they are referring to freedom in a general sense, but they also have something more specific in mind---freedom from government oppression. They argue that the only way to keep federal authority in check is to arm individual citizens who can, if necessary, defend themselves from an aggressive government. In the past decade, this view of the proper relationship between government and individual rights and the insistence on a role for private violence in a democracy has been co-opted by the conservative movement. As a result, it has spread beyond extreme militia groups to influence state and national policy. In Guns, Democracy, and the Insurrectionist Idea, Joshua Horwitz and Casey Anderson set the record straight. They challenge the proposition that more guns equal more freedom and expose Insurrectionism as a true threat to freedom in the United States today. Joshua Horwitz received a law degree from George Washington University and is currently a visiting scholar at the Johns Hopkins Bloomberg School of Public Health. Casey Anderson holds a law degree from Georgetown University and is currently a lawyer in private practice in Washington, D.C. |
| nra sues atf: American Gun Chris Kyle, William Doyle, 2013-06-04 THE NEW YORK TIMES BESTSELLING FOLLOW-UP TO AMERICAN SNIPER Join Chris Kyle on a journedy to discover “how 10 firearms changed United States history” (New York Times Book Review) Drawing on his legendary firearms knowledge and combat experience, U.S. Navy SEAL and #1 bestselling author of American Sniper Chris Kyle dramatically chronicles the story of America—from the Revolution to the present—through the lens of ten iconic guns and the remarkable heroes who used them to shape history: the American long rifle, Spencer repeater, Colt .45 revolver, Winchester 1873 rifle, Springfield M1903 rifle, M1911 pistol, Thompson submachine gun, M1 Garand, .38 Special police revolver, and the M16 rifle platform Kyle himself used. American Gun is a sweeping epic of bravery, adventure, invention, and sacrifice. Featuring a foreword and afterword by Taya Kyle and illustrated with more than 100 photographs, this new paperback edition features a bonus chapter, “The Eleventh Gun,” on shotguns, derringers, and the Browning M2 machine gun. |
| nra sues atf: Very Special Agents Jim Moore, 2001-08-10 From Chicago's Al Capone to Waco's David Koresh, the Bureau of Alcohol, Tobacco, and Firearms has taken on America's most ruthless criminals and single-minded fanatics. In Very Special Agents, a longtime ATF veteran delivers the first full disclosure of the bureau's controversial exploits. |
| nra sues atf: Very Special Agents James Moore, 2022-08-15 When James Moore joined the ATF in 1960, it was an arm of the Internal Revenue Service with one job: to catch the Mafia bootleggers whose distilleries cheated Uncle Sam of millions in tax revenue. During his twenty-five years of service, Moore saw the organization shift to enforcing of gun laws, be reborn as a separate bureau, and take on bombings and arson cases that most law officers wrote off as impossible to solve. Moore's personal, from-the-hip history spans the long-running war against dons and drug dealers and covers agents' daring infiltration of the Ku Klux Klan, Hell's Angels, and other violent groups. He reveals the cutting-edge forensics work that helped crack the World Trade Center and Oklahoma City bombings and also provides an insider account of the raid on the Branch Davidians at Waco. Finally, Moore discusses the ATF's rivalry with the FBI and the political power games that impede the government's ability to fight crime. |
| nra sues atf: Machineguns, Destructive Devices, and Certain Other Firearms (Part 179 of Title 27, Code of Federal Regulations United States. Bureau of Alcohol, Tobacco, and Firearms, 1977 |
| nra sues atf: What We've Become: Living and Dying in a Country of Arms Jonathan M. Metzl, 2024-01-30 A searing reflection on the broken promise of safety in America. When a naked, mentally ill white man with an AR-15 killed four young adults of color at a Waffle House, Nashville-based physician and gun policy scholar Dr. Jonathan M. Metzl once again advocated for commonsense gun reform. But as he peeled back evidence surrounding the racially charged mass shooting, a shocking question emerged: Did the public health approach he had championed for years have it all wrong? Long at the forefront of a movement advocating for gun reform as a matter of public health, Metzl has been on constant media call in the aftermath of fatal shootings. But the 2018 Nashville killings led him on a path toward recognizing the limitations of biomedical frameworks for fully diagnosing or treating the impassioned complexities of American gun politics. As he came to understand it, public health is a harder sell in a nation that fundamentally disagrees about what it means to be safe, healthy, or free. In What We’ve Become, Metzl reckons both with the long history of distrust of public health and the larger forces—social, ideological, historical, racial, and political—that allow mass shootings to occur on a near daily basis in America. Looking closely at the cycle in which mass shootings lead to shock, horror, calls for action, and, ultimately, political gridlock, he explores what happens to the soul of a nation—and the meanings of safety and community—when we normalize violence as an acceptable trade-off for freedom. Mass shootings and our inability to stop them have become more than horrific crimes: they are an American national autobiography. This brilliant, piercing analysis points to mass shootings as a symptom of our most unresolved national conflicts. What We’ve Become ultimately sets us on the path of alliance forging, racial reckoning, and political power brokering we must take to put things right. |
| nra sues atf: Regulating Gun Sales Daniel W Webster, Jon S Vernick, Emma E McGinty, Ted Alcorn, 2013-03-26 This excerpt from the “masterful, timely, data-driven” study of the gun control debate examines the potential of stronger purchasing laws (Choice). As the debate on gun control continues, evidence-based research is needed to answer a crucial question: How do we reduce gun violence? One of the biggest gun policy reforms under consideration is the regulation of firearm sales and stopping the diversion of guns to criminals. This selection from the major anthology of studies Reducing Gun Violence in America presents compelling evidence that stronger purchasing laws and better enforcement of these laws result in lower gun violence. Additional material for this edition includes an introduction by Michael R. Bloomberg and Consensus Recommendations for Reforms to Federal Gun Policies from the Johns Hopkins University. |
| nra sues atf: Enough Gabrielle Giffords, Mark Kelly, 2014-09-30 Former Congresswoman Gabrielle Giffords and her husband, astronaut Mark Kelly, share their impassioned argument for responsible gun ownership. After the 2011 Tucson shooting that nearly took her life, basic questions consumed Gabby Giffords and her family: Would Gabby survive the bullet through her brain? Would she walk again? Speak? Her hard-won recovery, though far from complete, has now allowed her and Mark to ask larger questions that confront us as a nation: How can we address our nation’s epidemic of gun violence? How can we protect gun rights for law abiding citizens, while keeping firearms out of the hands of criminals and the mentally ill? What can we do about gun trafficking and other threats to our communities? Enough goes behind the scenes of Gabby and Mark’s creation of Americans for Responsible Solutions, an organization dedicated to promoting responsible gun ownership and encouraging lawmakers to find solutions to gun violence, despite their widespread fear of the gun lobby. As gun owners and strong supporters of the Second Amendment, Gabby and Mark offer a bold but sensible path forward, preserving the right to own guns for collection, recreation, and protection while taking common-sense actions to prevent the next Tucson, Aurora, or Newtown. Poll after poll shows that most Americans agree with Gabby and Mark’s reasonable proposals. As the book follows Gabby and Mark from the halls of Congress to communities across the country, it provides an intimate window into the recovery of one of our nation’s most inspiring public figures and reveals how she and her husband have taken on the role of co-advocates for one of the defining issues of our time. |
| nra sues atf: Let the People In Jan Reid, 2012-10-03 This intimate biography of the pioneering Texas governor is “required reading for political junkies—and for women considering a life in politics” (Booklist). When Ann Richards delivered the keynote of the 1988 Democratic National Convention and mocked President Bush—“Poor George, he can’t help it. He was born with a silver foot in his mouth”—she became an instant celebrity and triggered a rivalry that would alter the course of history. In 1990, she won the governorship of Texas, becoming the first ardent feminist elected to high office in America. Richards opened pathways for greater diversity in public service, and her achievements created a legacy that transcends her tenure in office. In Let the People In, Jan Reid offers an intimate portrait of Ann Richards’s remarkable rise to power as a liberal Democrat in a deeply conservative state. Reid draws on his long friendship with Richards, as well as interviews with family, personal correspondence, and extensive research to tell the story of Richards’s life, from her youth in Waco, through marriage and motherhood, her struggle with alcoholism, and her shocking encounters with Lyndon Johnson and Jimmy Carter. Reid shares the inside story of Richards’s rise from county office to the governorship, as well as her score-settling loss of the governorship to George W. Bush. Reid also describes Richards’s final years as a mentor to a new generation of public servants, including Hillary Clinton. |
| nra sues atf: Ricochet Richard Feldman, 2011-05-16 Ricochet Confessions Of A Gun Lobbyist Ricochet tells the truth. With each page I can hear the echo of footsteps down the Rayburn Building's marbled halls as Feldman tells the intimate story few know and even fewer survive. ?Jack Brooks (D-Tex.), former Chairman, U.S. House Judiciary Committee Ricochet casts an eye-opening spotlight on the shadowy world of behind-the-scenes gun politics. Is it accurate? Absolutely! I was there. ?John Aquilino, former Director, NRA Public Education Ricochet is right on target. Feldman's behind-the-scenes memoir vividly describes America's firearms debate and struggle to win in extraordinary detail. I thoroughly enjoyed it. ?John W. Magaw, former Director of the Bureau of Alcohol, Tobacco, and Firearms |
| nra sues atf: Gun Shows , 1999 |
| nra sues atf: Guns in America The Washington Post, 2013-02-18 In the aftermath of the Sandy Hook Elementary tragedy, The Washington Post investigates America's complicated relationship with guns. Wayne LaPierre, the leader of the National Rifle Association, calls gun control the fight of the century. For more than a year, The Washington Post examined the long, bloody history of gun control in America, an investigation that was reopened and expanded after the massacre of first-graders in Newtown, Connecticut. With new reporting on the state of gun reform in the aftermath of Newtown, including how the families are recovering and the dangers represented by new technologies such as 3D printing, this updated eBook shines a light on the hidden life of guns in the United States. From the power of the NRA and its war over the Second Amendment, to US guns fueling the drug war along the Mexican border, the prize-winning journalists of the Washington Post reveal the politics and the passions behind the continuing gun control debate. |
| nra sues atf: The Last Gun Tom Diaz, 2013-03-26 Newtown, Connecticut. Aurora, Colorado. Both have entered our collective memory as sites of unimaginable heartbreak and mass slaughter perpetrated by lone gunmen. Meanwhile, cities such as Chicago and Washington, D.C., are dealing with the painful, everyday reality of record rates of gun-related deaths. By any account, gun violence in the United States has reached epidemic proportions. A widely respected activist and policy analyst—as well as a former gun enthusiast and an ex-member of the National Rifle Association—Tom Diaz presents a chilling, up-to-date survey of the changed landscape of gun manufacturing and marketing. The Last Gun explores how the gun industry and the nature of gun violence have changed, including the disturbing rise in military-grade gun models. But Diaz also argues that the once formidable gun lobby has become a paper tiger, marshaling a range of evidence and case studies to make the case that now is the time for a renewed political effort to attack gun violence at its source—the guns themselves. In the aftermath of Newtown, a challenging national conversation lies ahead. The Last Gun is an indispensable guide to this debate, and essential reading for anyone who wants to understand how we can finally rid America's streets, schools, and homes of gun violence and prevent future Newtowns. |
| nra sues atf: Gun Control Legislation William J. Krouse, Congress has continued to debate the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. While several dozen gun control-related proposals have been introduced in recent Congresses, only a handful of those bills received significant legislative action. The 109th Congress, for example, passed two bills with firearmsrelated provisions that were enacted into law. P.L. 109-72 prohibits certain types of lawsuits against firearm manufacturers and dealers to recover damages related to the criminal or unlawful use of their products by other persons, and P.L. 109-295 includes a provision that prohibits federal officials from seizing any firearm from private persons during a major disaster or emergency, if possession of that firearm was not already prohibited under federal or state law. Nevertheless, the 110th Congress could possibly reconsider several gun control proposals that were considered as part of appropriations and crime legislation in the previous Congress. During the 109th Congress, the House amended the Children's Safety Act of 2005 (H.R. 3132) to prohibit the transfer or possession of a firearm to or by any person convicted of a sex offense against a minor. The House also amended Secure Access to Justice and Court Protection Act of 2005 (H.R. 1751) to authorize certain federal court judges and officials to carry firearms for personal protection. The Senate passed a different version of H.R. 1751 that included similar provisions, as well as provisions designed to clarify and expand the Law Enforcement Officers Safety Act (P.L. 108-277) -- a law that gives concealed carry privileges to qualified on-duty and retired law enforcement officers. None of those provisions were enacted into law, however. In addition, the House Judiciary considered four gun-related bills: the ATFE Modernization and Reform Act of 2006 (H.R. 5092), the Firearms Corrections and Improvement Act (H.R. 5005), the Firearm Commerce Modernization Act (H.R. 1384), and the NICS Improvement Act of 2005 (H.R. 1415). H.R. 5092 was passed by the House. The 109th Congress, moreover, maintained a fee prohibition for Brady background checks and other funding limitations and conditions related to gun enforcement in the FY2006 DOJ appropriations (P.L. 109-108). Those limitations and conditions have been continued into FY2007 under continuing resolutions. They are often referred to as the Tiahrt amendment, for their sponsor in the FY2004 appropriations cycle, Representative Todd Tiahrt. Issues addressed in those bills, as well as the Tiahrt funding limitations and conditions, could be reconsidered in the 110th Congress. Senator Charles Schumer, for example, has introduced a bill (S. 77) that would repeal portions of the Tiahrt amendment that limit the sharing of firearm trace data. Other gun control-related issues that may reemerge in the 110th Congress include (1) retaining Brady background check records for approved transactions to enhance terrorist screening, (2) more strictly regulating certain long-range fifty caliber rifles, (3) further regulating certain firearms previously defined in statute as assault weapons, and (4) requiring background checks for firearm transfers at gun shows. This report will updated to reflect legislative action. |
| nra sues atf: Suing the Gun Industry Timothy Lytton, 2009-04-21 Mass tort litigation against the gun industry, with its practical weaknesses, successes, and goals, provides the framework for this collection of thoughtful essays by leading social scientists, lawyers, and academics. . . . These informed analyses reveal the complexities that make the debate so difficult to resolve. . . . Suing the Gun Industry masterfully reveals the many details contributing to the intractability of the gun debate. -New York Law Journal Second Amendment advocate or gun-control fanatic, all Americans who care about freedom need to read Suing the Gun Industry. -Bob Barr, Member of Congress, 1995-2003, and Twenty-First Century Liberties Chair for Freedom and Privacy, American Conservative Union The source for anyone interested in a balanced analysis of the lawsuits against the gun industry. -David Hemenway, Professor of Health Policy & Director, Harvard Injury Control Research Center Harvard School of Public Health Health Policy and Management Department, author of Private Guns, Public Health Highly readable, comprehensive, well-balanced. It contains everything you need to know, and on all sides, about the wave of lawsuits against U.S. gun manufacturers. -James B. Jacobs, Warren E. Burger Professor of Law and author of Can Gun Control Work? In Suing the Gun Industry, Timothy Lytton has assembled some of the leading scholars and advocates, both pro and con, to analyze this fascinating effort to circumvent the well-known political obstacles to more effective gun control. This fine book offers a briefing on both the substance and the legal process of this wave of lawsuits, together with a better understanding of the future prospects for this type of litigation vis-à-vis other industries. -Philip J. Cook, Duke University An interesting collection, generally representing the center of the gun-control debate, with considerable variation in focus, objectivity, and political realism. -Paul Blackman, retired pro-gun criminologist and advocate Gun litigation deserves a closer look amid the lessons learned from decades of legal action against the makers of asbestos, Agent Orange, silicone breast implants, and tobacco products, among others. Suing the Gun Industry collects the diverse and often conflicting opinions of an outstanding cast of specialists in law, public health, public policy, and criminology and distills them into a complete picture of the intricacies of gun litigation and its repercussions for gun control. Using multiple perspectives, Suing the Gun Industry scrutinizes legal action against the gun industry. Such a broad approach highlights the role of this litigation within two larger controversies: one over government efforts to reduce gun violence, and the other over the use of mass torts to regulate unpopular industries. Readers will find Suing the Gun Industry a timely and accessible picture of these complex and controversial issues. Contributors: Tom Baker Donald Braman Brannon P. Denning Tom Diaz Howard M. Erichson Thomas O. Farrish Shannon Frattaroli John Gastil Dan M. Kahan Don B. Kates Timothy D. Lytton Julie Samia Mair Richard A. Nagareda Peter H. Schuck Stephen D. Sugarman Stephen Teret Wendy Wagner |
| nra sues atf: Federal Regulatory Guide CQ Press,, 2024-06-11 The Nineteenth Edition of the Federal Regulatory Directory is a comprehensive guide for understanding the complex world of federal regulation. It provides detailed profiles of the most important regulatory agencies, including their history, priorities, actions, and landmark decisions. The book also features overviews of independent and self-regulatory agencies, as well as the global and state-level impacts of federal regulation. Whether you are new to the topic or an expert, the Federal Regulatory Directory can be a valuable resource for students, researchers, professionals, and anyone who wants to understand how federal regulation works and how it affects their daily lives. |
| nra sues atf: Guncrazy America Frank N. Egerton, 2018-10-06 The conclusion of this professor-historian (emeritus) is that our gun culture had its uses in establishing American civilization, as slavery did. But we came to recognize (after a bloody civil war) that slavery was a gigantic mistake, and now I think it’s time to realize that our gun culture was a similarly gigantic mistake, though of a different kind. And we need to do what we can to minimize its horrible impacts and move on to a more positive development of a humane civilization. |
| nra sues atf: Lawyers, Guns, and Money Carol X. Vinzant, 2015-03-31 This inspiring book, Lawyers, Guns, and Money by Carol X. Vinzant, recounts the heroic efforts of Tom McDermott, a lawyer and victim of the infamous Colin Ferguson rampage on the Long Island Railroad, to take on the gun industry. He is among the leaders of an innovative and promising strategy to circumvent the NRA's political power and courts constrained by interpretations of the Second Amendment. Through civil action he hits the gun companies where it hurts most: the bottom line. Making insurance difficult for manufacturers to get, he has helped reduce the number of cheap hand guns, Saturday Night Specials, often used in crime. This is a riveting account of tragedy turned into action, and how the law can be used to defend victims rather than enrich corporations. |
| nra sues atf: Gun Violence in America Alexander DeConde, 2003 An in-depth analysis of the folklore surrounding gun use and the state of the debate in today's political climate. |
| nra sues atf: A Treatise On The Constitutional Limitations Thomas McIntyre Cooley, 2018-02-08 This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. |
| nra sues atf: Disarmed Kristin Goss, 2010-12-16 More than any other advanced industrial democracy, the United States is besieged by firearms violence. Each year, some 30,000 people die by gunfire. Over the course of its history, the nation has witnessed the murders of beloved public figures; massacres in workplaces and schools; and epidemics of gun violence that terrorize neighborhoods and claim tens of thousands of lives. Commanding majorities of Americans voice support for stricter controls on firearms. Yet they have never mounted a true national movement for gun control. Why? Disarmed unravels this paradox. Based on historical archives, interviews, and original survey evidence, Kristin Goss suggests that the gun control campaign has been stymied by a combination of factors, including the inability to secure patronage resources, the difficulties in articulating a message that would resonate with supporters, and strategic decisions made in the name of effective policy. The power of the so-called gun lobby has played an important role in hobbling the gun-control campaign, but that is not the entire story. Instead of pursuing a strategy of incremental change on the local and state levels, gun control advocates have sought national policies. Some 40% of state gun control laws predate the 1970s, and the gun lobby has systematically weakened even these longstanding restrictions. A compelling and engagingly written look at one of America's most divisive political issues, Disarmed illuminates the organizational, historical, and policy-related factors that constrain mass mobilization, and brings into sharp relief the agonizing dilemmas faced by advocates of gun control and other issues in the United States. |
| nra sues atf: Reducing Gun Violence in America Daniel W. Webster, Jon S. Vernick, 2013-01-28 The book includes an analysis of the constitutionality of many recommended policies and data from a national public opinion poll that reflects support among the majority of Americans—including gun owners—for stronger gun policies. |
| nra sues atf: The Gun Debate Michael O'Neal, 2019-02-19 Resource added for the Psychology (includes Sociology) 108091 courses. |
| nra sues atf: Promising Strategies to Reduce Gun Violence David I. Sheppard, 1999 Culmination of a survey and review conducted by a U.S. Department of Justice Work Group and COSMOS Corporation. |
| nra sues atf: Women & Guns , 2007 |
| nra sues atf: National Rifle Association Josh Sugarmann, 2010-04-19 The National Rifle Association is the most powerful and feared lobby in America. It has tens of millions of dollars, millions of well-armed members and influence at the highest levels of government. Sugarmann, a leading expert on firearms violence, gun control and the NRA, is nationally recognized as an innovative and insightful voice in America's gun control debate. This is the first in-depth account of how the NRA uses fear, intimidation and cash to promote firearms sales and derail gun controls. The byzantine world of the gun lobby is explored: NRA internal power struggles and scandals; competing pro-gun organizations; the warm and longstanding ties between the NRA and the firearms industry; and the power and influence of the Second Amendment fundamentalists, alert to any infringement on their right to own any weapon they choose. To boost firearms sales and increase its membership, the NRA has teamed up with the industry to stakeout new markets: women, children and black Americans. Preying on Americans' fears, the NRA promises that true security can only come from the barrel of a gun. On Capitol Hill and in state legislatures, the NRA cherishes its reputation for brass-knuckle political power. The result is that intimidation--including death threats--from NRA members is not uncommon. Faced recently with a litany of unpopular issues to defend--cop-killer bullets, plastic terrorist special handguns and assault weapons--today's NRA is increasingly out of step with the American public, the majority of gun owners and police. As a result, the NRA is at a crossroads. Will it retreat to its traditional activities of target shooting, hunting and safety training? Or will it regroup and rearm, ready to wage war on the increasing number who dare question its unyielding pro-gun stance? NRA: Money, Firepower & Fear chronicles the past, present and uncertain future of this uniquely American institution and its role in the gun control wars. Tossing aside accepted stereotypes, it reveals an NRA that will shock gun owners and non-gun owners alike. The NRA's original vision of a coonskin-capped citizen-soldier has turned into a national nightmare of violence and death. NRA: Money, Firepower & Fear tells why.--From publisher description. |
| nra sues atf: Politics, Punishment, and Populism Lord Windlesham, 1998-07-23 The Violent Crime Control and Law Enforcement Act of 1994 was arguably the most important legislative achievement of President Clinton's first term. In this detailed account, Lord Windlesham, a prominent legal scholar, British legislator, and Oxford College Principal, brings his experience to bear in analyzing the forces inside and outside the 103rd Congress, which shaped the final content of the Act. Controversial issues discussed include racial justice, three strikes and you're out and mandatory sentencing, the Brady Act and the assault weapons ban, the competing claims of prison building and prevention programs, drug policies, and restrictions on repeat sex offenders after release from prison. The narrative of Politics, Punishment, and Populism continues with the Contract with America and the crime policies adopted after the Republicans won control of both the House and Senate in the elections for the 104th Congress. The external pressures, and the Congressional tactics deployed to facilitate passage of such measures as the Antiterrorism and Effective Death Penalty Act, Megan's Law, and the Prison Litigation Reform Act, are examined in the second part of the book. Subsequent challenges in the courts are also reviewed, including some cases decided by the Supreme Court at the end of its 1996-97 term. The focal point throughout is the impact of populist opinion, as well as that of special-interest groups, upon elected representatives in the formation of public policy. The role of one of the most politically potent of all lobbies, the National Rifle Association, is assessed in the context of the competition it faces from an increasingly activist gun control movement. The book concludes by asking whether an end is in sight regarding America's isolated tolerance of lethal weapons. |
| nra sues atf: Gun Control in the United States Gregg Lee Carter, 2017-01-23 This up-to-date second-edition work will stimulate and clarify readers' thinking on the key issues surrounding guns in the United States—especially on the debate over gun control. Most public debate and discussion about guns in U.S. society is rarely guided by research—not surprising, as most individuals have a personal opinion on this highly inflammatory topic based on their upbringing or personal experiences. Additionally, most research about gun use in America is confusing and contradictory, making it difficult for citizens to gain much from their attempts to investigate the topic objectively. This book offers concise, understandable coverage of all aspects of the issue, including incidence of gun violence; gun control; gun rights; government regulation, legislation, and court decisions; gun organizations (for gun control and for gun rights); gun enthusiast subcultures—for example, hunters, target shooters, and collectors; and U.S. attitudes toward guns. Many of the covered topics are placed in historical and cross-cultural perspective. The new edition of Gun Control in the United States: A Reference Handbook enables the reader to navigate and interpret the research to become sufficiently educated on any specific aspect of the gun issue to make an informed decision—for example, whether to support stricter or more lenient gun control; whether to become a gun owner; whether to support a particular political party or candidate; or whether to develop or to refine a particular philosophy regarding guns. Other aspects of the contemporary gun debate that are addressed include whether the Supreme Court's ruling that the Second Amendment guarantees an individual right will withstand future challenges, whether the strong gun regulations used in Europe would be effective and applicable in reducing gun violence in the United States, and whether the diversity explosion created by the high rate of immigration from countries where guns are strictly controlled will soon change the politics of the U.S. gun control debate. |
| nra sues atf: Gundamentalism and Where It Is Taking America James E. Atwood, 2017-01-09 Gundamentalism and Where It Is Taking America is the work of James Atwood, a retired Presbyterian pastor and an avid deer hunter for half a century who has also been in the forefront of the faith community's fight for two constitutional rights: the right to keep and bear arms and the right to live in domestic tranquility, free of gun violence. He explains why guns mystically control so many Americans and exposes the fallacies of the gun industry's spurious claim that firearms actually protect us. He argues there are no bona fide scientific studies that show defensive guns save us from harm, while there is voluminous research showing a defensive gun puts the owner and his or her family at greater risk. Atwood's book, which details his learning of a lifetime in the struggle for reasonable gun laws in America, puts dependable social and theological analysis of our unique national epidemic into your hands along with scientific data that will provoke honest reflection and discussion for the building of a safer and saner America. Questions for group discussion and suggestions for action are included. |
| nra sues atf: Nine Mil Robert Ryan, 2010-01-07 For gamblers and fun-seekers, Atlantic City is a place to chase your dreams. But for taxi driver Ed Behr, it's where his personal nightmare is all too real. He is haunted by violent flashbacks to his time in prison and sustained only by his obsession with finding Honey, the girl who promised him everything. Then he recognises one of the old gang from the days before the bad things happened that got them all sent down. Except for Billy Moon, that is, who went on to bigger and better things while they were left to rot. And now Ed has a plan that's going to reunite the gang, make enough dough, and sort out Billy Moon once and for all. Maybe even get Honey back too. That's if he doesn't get them all killed first... |
| nra sues atf: The War on Guns John R. Lott, 2016-08-01 When it comes to the gun control debate, there are two kinds of data: data that's accurate, and data that left-wing billionaires, liberal politicians, and media want you to believe is accurate. In The War on Guns: Arming Yourself Against Gun Control Lies, nationally-renowned economist John R. Lott, Jr. turns a skeptical eye to well-funded anti-gun studies and stories that perpetuate false statistics to frighten Americans into giving up their guns. In this, his latest and most important book, The War on Guns, Lott offers the most thorough debunking yet of the so-called “facts,” “data,” and “arguments” of anti-gun advocates, exposing how they have repeatedly twisted or ignored the real evidence, the evidence that of course refutes them on every point. In The War on Guns, you’ll learn: Why gun licenses and background checks don’t stop crime How “gun-free” zones actually attract mass shooters Why Stand Your Ground laws are some of the best crime deterrents we have Women now hold over a quarter of concealed handgun permits How big-money liberal foundations and the federal government are pouring hundreds of millions of dollars into “public health” studies, the sole purpose of which is to manufacture false data against guns How media bias and ignorance skew the gun debate—and why it will get worse From 1950-2010, not a single mass public shooting occurred in an area where general civilians are allowed to carry guns |
