Abolish the ATF! But, HOW?
There is a growing call from Americans to abolish the ATF, and for good reason. The ATF, or bureau of alcohol, tobacco, firearms, and explosives, is an agency within the department of justice that has a history of overstepping, its boundaries and infringing on the Second Amendment rights of law abiding citizens. The agencies, recent decision to change the rules regarding pistol. Braces is just the latest example of this overreach.
What gives the ATF authority? The ATF was created in 1972 under the gun control act, which gave it the power to regulate firearms and explosives. However, the agencies power has expanded over the years, and it now has the ability to change its own rules without going through Congress. This lack of oversight has led to abuses of power, such as the recent decision to re-classify, pistol braces as illegal.
It’s important to know that the ATF is part of the executive branch and operates under the direction of the president. This means that Congress does not have direct control over the agency unless they strip out of power by repealing the 1934 national firearms act in the 1968 Gun control act. That’s not likely to happen.
But who is in charge of the ATF? Currently acting Director of the ATF is Steve Dettelbach, a formal federal prosecutor with no expertise in firearms. His job is to ensure that individuals go to jail when the ATF enforces rules, they make, regardless of how arbitrary or unconstitutional those rules may be.
One recent example of the ATF‘s abuse of power is the case of Matt Hoover, who was arrested and charged with selling machine guns. Hoover was arrested by the ATF when they change the rules from what they previously were. He is currently in jail, a victim of the ATF’s arbitrary and capricious enforcement of its rules.
It’s also worth noting that the ATF has not been successful in preventing mass shootings. The agency did not stop or prevent the shootings in Columbine, Sandy Hook, Las Vegas, Mandalay Bay, Uvalde, Texas, or the Parkland, Florida high school shooting. There are scores of other shootings that could be listed here that the ATF has had absolutely zero success in stopping. Despite the ATF’s efforts, the number of shootings in America has only increased, and many of the shooters have been found to be on some form of pharmaceutical medication. The ATF’s existence has been futile.
The ATF was not created by a single law, but rather by a combination of several laws that have been passed overtime. The original agency that would eventually become the ATF was created by the federal alcohol administration act of 1935, which created the federal alcohol administration (FAA) and transferred alcohol and tobacco tax functions from the bureau of internal revenue to the FAA.
The federal firearms act of 1938 required firearms dealers to obtain a federal firearms license and maintain records of firearms transactions.
The gun control act of 1968 was a major expansion of the federal firearms regulation. It required licensing of all firearms dealers, established minimum age and identification requirements for firearms, purchasers, prohibited certain categories of people from owning firearms, and prohibited the interstate mail order sale of handguns.
So, there wasn’t a single law that created the ATF, but rather a combination of laws overtime that expand of the regulatory powers of the federal government over firearms, alcohol and tobacco.
The ATF jurisdiction over explosives can be traced back to the federal, explosive act of 1923, which established the Bureau of explosives in the Department of commerce. In 1972, the bureau of alcohol, tobacco and firearms ETF was created, the bureau of explosives was transferred to the ATF. The ATF has since been responsible for enforcing the regulations covering the manufacturer, distribution, Storage, use, and disposal of explosives.
The federal explosives act of 1923 created this division that was then absorbed by the ATF agency relatively recently, in the week of the Oklahoma City bombing in 1995. This was a response to the federal government feeling as though it needed a dedicated agency to investigate and prevent acts of domestic terrorism involving explosives. Timothy McVeigh was certainly a domestic terrorist, and now, they are looking for you. They are a hammer, and you are a nail.
However, despite this mandate, the ATF’s explosives division has not been particularly successful in preventing bombings. In fact, when we look at some of the most high profile bombings in US history, the ATF’s role in preventing them has been either non-existent or peripheral.
For example, the ATF was not involved in stopping the 1993 World Trade Center bombing, which killed six people and injured 1000. While the FBI did ultimately track down and arrest those responsible for the bombing, the fact remains that a bomb was able to go off in one of the most heavily trafficked buildings in the world, without any warning from the ATF.
Simerly, the ATF was not able to prevent the Oklahoma City bombing in 1995, which remains the deadliest act of domestic terrorism in US history . The bomb, which was made from extra fertilizer and fuel oil, killed 168 people and injured more than 680. While the ATF did participate in the investigation that ultimately led to the arrest of conviction of Timothy, McVeigh, and is accomplices, the fact remains that the bombing itself was not prevented by the ATF. Thousands of people died or were badly mutilated. The ripple effect across Oklahoma City, and across the country was undeniable. Essentially, it created a bigger police state, with another bureaucratic agency that has zero effect on the outcomes of tragedies and terrorists.
More recently the ATF was involved in the response to the Boston marathon bombing in 2013. However, as we noted earlier, the bombing itself was a success for the perpetrators, and the ATF role in the aftermath was primarily one of support, rather than prevention.
All of this raises questions about the efficiency of the ATF explosives division, and whether it’s really capable of fulfilling its mandate to prevent acts of domestic terrorism involving explosives. While it’s certainly a difficult task, given the relative ease with which bombs can be constructed using widely available materials, it’s not clear that the ATF is the best agency for the job. Or, that any federal created agency, is going to have an effect on whether or not crazy people , do crazy things.
In any case, it’s worth, considering that the ATF’s resources might be better spent on other areas of prevention by funding mental health. We have a mental health crisis in America. We do not have a gun problem, we do not have an explosives problem, we have a mental health problem in this country.
Given the ATF track record when it comes to preventing bombings, it’s not clear that, adding the explosives division to the agency was really the best move in the first place
The truth is that the ATF is a hammer, and the American people are the nails. The agency puts nails in jail or prison by changing the rules on us, rules that are often arbitrary and unconstitutional. It’s time for Americans to put an end to this abusive agency, and for Congress to research authority over the regulation of fire arms. The second amendment guarantees, the right to keep and bear arms, and it’s up to us to defend that right.
In Liberty,
DeletLawZ
