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One of the biggest problems with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) isn't that it enforces the law. I mean, it exists explicitly for that purpose, so that's kind of what it's supposed to be doing. No, the biggest problem is that in addition to enforcing those rules, it also gets to make them up as it goes. The ATF is also tasked by Congress to interpret the law and create regulatory policies on the subject that it then gets to turn around and enforce. It doesn't take a rocket scientist to see all the many ways this creates problems. Then top it off with the fact that the courts have taken a hands-off approach to this, known as Auer and Chevron deference, and you have a disaster in the making. However, it seems there's a chance that those days are numbered.https://bearingarms.com/tom-k/2018/12/11/scotus-agrees-hear-case-may-ultimately-undermine-atf-power
One of the biggest problems with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) isn't that it enforces the law. I mean, it exists explicitly for that purpose, so that's kind of what it's supposed to be doing.
No, the biggest problem is that in addition to enforcing those rules, it also gets to make them up as it goes. The ATF is also tasked by Congress to interpret the law and create regulatory policies on the subject that it then gets to turn around and enforce.
It doesn't take a rocket scientist to see all the many ways this creates problems.
Then top it off with the fact that the courts have taken a hands-off approach to this, known as Auer and Chevron deference, and you have a disaster in the making.
However, it seems there's a chance that those days are numbered.
https://bearingarms.com/tom-k/2018/12/11/scotus-agrees-hear-case-may-ultimately-undermine-atf-power