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At Reason, Jacob Sullum reports:
According to the watchdog group Empower Oversight, which cites two unnamed “whistleblowers” at the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the agency is working on regulations that would go all the way, purporting to require background checks for all private gun sales. It is hard to see how the ATF can do that “without additional legislation.”
If Biden tries this, he will be violating the Constitution in no fewer than four different ways. First, as Sullum notes, he will be acting without statutory authority, which is in contravention of Article I’s clear declaration that “all legislative Powers herein granted shall be vested in a Congress of the United States.” Not only is there is no federal law that comes even close to regulating the private intrastate sale of firearms, but, when Congress has considered the idea in recent years, it has explicitly rejected it (see: Manchin-Toomey). The most recent changes to the law in this area were extremely modest, and were accurately described by the Congressional Research Service as having been “intended to require persons who buy and resell firearms repetitively for profit to be licensed federally as gun dealers, even if they do not do so with ‘the principal objective of livelihood.'” This definition can clearly not be applied to most private sellers, and there is no reading of the U.S. Code that could lead one to any...
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