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Friday, March 6, 2015

The Law Breaking Continues - BATFE ALREADY Banned Green Tip

Hat tip to Bob Owens for the link to Katie Pavlich at Town Hall.  Katie did some real journalism research and dug into a document called the BATF Regulation Guides, which come out approximately every ten years.  These have to be approved by the Office of Management and Budget, a time consuming process.  The 2014 Regulation Guides don't show the exemption for the M855/SS109 in these rules published in September 2014, six months before they asked for comment on reclassifying it.
Because of the lengthy amount of time it takes for OMB to approve a new ATF Regulation Guide, ATF's comment period is just for show. ATF officials and the White House have (and never did) no interest in actually listening to or considering comments that are currently being submitted. The exemption for the ammunition in question has already been stripped out of the regulation handbook moving forward and "green-tip" has been reclassified as "armor piercing." The rules have been changed. 
This is, yet again, another violation of the Administrative Procedure Act of 1946.  They are simply not allowed to change regulations without going through the process; it doesn't count if the rule is already published.
A review of the timeline:
January 2015: ATF published a new, OMB approved Regulation Guide stripping AR-15 "green-tip" from its armor piercing exemption list.
February 2015: ATF proposes a ban (which they've already put in place through their handbook published in January) on AR-15 "green-tip" ammunition and opens up a comment period.
March 16, 2015: The comment period about the proposed/already implemented ban on AR-15 "green-tip" ammunition closes, ATF ignores tens-of-thousands of comments because they were never going to consider them in the first place, and continues with the regulations outlined in the new 2014 Regulation Guide.
Reprint of the 2005 edition, with the exemption for SS109/M855 highlighted.  It's missing in the new version (pdf link page 109).

Offered as a thought experiment:  since the round is identified by its green tip, couldn't it be camouflaged by dipping every round in another color paint?  (Don't use black - that actually is armor piercing).  How about red, like M196 tracer rounds?  Or pink - like nothing?

Last night, Mrs Graybeard and I were talking about current situations.  I was saying the administration has gone into full court press or two minute drill mode.  They are going to flood ruling after ruling, completely ignoring the constitution, completely ignoring the legality of what they're doing and completely ignoring anyone attempting to stop them.  They've shown over and over that if they're even confronted they will stonewall, delay, and stonewall some more.  Did anyone in BATFE ever get in trouble for Fast and Furious?  Did anyone at State get in trouble for Benghazi?  Has anyone at Treasury even gotten talked to about stealing $3 Billion?  By the time they're stopped, if they're ever stopped, the damage will have been done.  On Wednesday, No Lawyers, Only Guns and Money posted about a "sternly worded letter" sent by 238 congressmen to BATFE over the M855/SS109 ban.  Do you honestly think a letter, a court ruling, or anything short of being arrested and physically confined will stop these guys? 

Just think:  two months down, 46 to go.  As WRSA says, "here we are; imagine where we'll be".


8 comments:

  1. Anyone who couldn't see this coming back in 2008 is a frick'in retard.

    And of course talking to any lib today results in the same 'ol, same 'ol "It's Bush's fault! He started it."

    I just have to keep busy or I go crazy with this shite.

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  2. I think all of us who have legally purchased quantities of M855 should be willing to relinquish every round, if the BATFE is willing to come get it themselves.

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  3. I meant to add that, even if you remove the paint, there just might be someone at BATFE bright enough to bring a magnet along to check your ammo. Of course, if it got to the point where they were going house-to-house, based on purchase records, they might not enjoy the manner in which it was returned.

    There is one possible ray of sunshine from this affair - as I feel certain that a number of liberals/progressives (SEIU union members, perhaps?) have purchased ARs in recent times, perhaps they haven't had time to acquire much in the way of ammunition. As opposed to those of us who have been looking ahead for quite a few years now.

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  4. Yesterday Clayton Cramer said, in reference to The People (of California) v. Efrain Velasco-Palacios, in which prosecutor Robert Murray's perjurious fabrication of details in the defendant's confession led to AG Kamala Harris' appellate efforts to defend Murray's action, that "we're fast approaching the point where anarchy may be preferable."

    I don't know whether it will be preferable or not, but whatever we're going to wind up with is approaching just as fast as whatever we've had is leaving.

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  5. I suspect the regime and it's allies are surprised the shooting hasn't already started.

    Not to go full on tin foil hat, but they are showing the illegals that they are on their side far more than native born citizens, esp. Whites - to the point of rewarding them with IRS "refunds" (Earned Income Tax credits) for past years. The regime has said out loud they want to groom them into to becoming a "nation within a nation".

    Americans have comforted themselves believing that US troops would not fire upon citizens, but would Central American gang members show any such restraint? Perhaps they are being brought in for more than votes and demographic transformation.

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  6. Excellent point, Pete. Just as there are issues with gang members joining the military for training and access to weaponry, there may well be plans for Obama's brown shirts to come from those crossing the border.

    Foreign troops already on our soil. Just not trained yet.

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  7. Thanks Reg. I see one of the greatest weaknesses on Team Liberty's side being a near refusal to be honest regarding the ethnicity of those most responsible for the demise of liberty and Euro White ethnic prospects, both here, in Europe, as well as in the Anglosphere, as a whole - accompanied by a concomitant rise in Marxist ideology. This has been a long war indeed, but until this crucial detail is accepted, and spoken fearlessly I hold little hope for my people.

    "To learn who controls you, determine who you are not allowed to criticize" - Voltaire

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  8. I feel we've reached a point where it is pure delusion to tell ourselves our own troops "wouldn't fire on U.S. citizens". There's not much leeway for critical thought with an enlisted man. When he's told to do something, he does it, never mind the fact that he's likely an 18-20 year old, without a lot of deep thinking about what's "right or wrong" under his belt as regards the finer points of our constitution and rights. When that time comes, he will have already been pumped up with some motivational training and propaganda that he's "going after the bad guys, who are dangerously armed and 'a threat to him and to America's security'".
    The officers will likely not stand against orders from higher up, because "man, I'm so close to my 20 and that pension, (or promotion, or staying out of the brig or whatever...)" the natguard forcefully disarmed innocent old ladies after Katrina, so there is precedent - and there already exist, full scale mockups of small town USA for training purposes.
    I just foresee that if that order was given, they'll go house to house like they've been practicing in overseas theaters for 13 years and turn them upside down till they find what they're after... at which point, the resident/owner is on a quick ride to somewhere he's not free to leave.
    I'm not saying this group is like the Nazis, but keep in mind, looking back, there was a point in time when the Nazis were merely a worrisome annoyance to the jewish population in Germany. No action was taken at such time. History is very instructional to those willing to learn from it.
    Lord willing it never comes to a point where those choices have to be made, but if it does... I hope I'm 100% wrong in my guesswork.

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