David Codrea has a habit of getting the answers to questions that the Justice Department and BATFE would rather not answer. Yesterday he got an answer to why the proposed regulation change regarding removing the exemption of SS109/M855 62 grain 5.56×45 ammunition from the armor piercing banned list was never published in the Federal Register.
BATFE says they are exempt.
Per Denise Brown of ATF Enforcement Programs and Services in this afternoon’s telephone conversation, this will “not actually be a [regulatory] change, more of a policy along those lines.” Brown said the framework document is a notice only, and will therefore not be published in the Federal Register, characterizing the document’s intent as “information gathering” in order to collect technical information, which could affect the Bureau’s final determination.
Brown confirmed ATF’s decision not to publish in the Federal Register is based on the exemption provision in the APA. That states “Except when notice or hearing is required by statute, this subsection does not apply … to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.” Also exempted is “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.”
Could the Eric Holder’s Justice Department and B. Todd Jones’ BATFE say “F-you” any louder?
Read the whole column here. I think it gives a critical perspective on their proposed change and will help in formulating your response that is due by March 16th.
I agree with Michael Bane that this is a well thought out and orchestrated assault on gun owners and the Second Amendment. Along with commenting to BATFE, we need to be sending copies of these comments to our Senators and Representatives. I’d also send a copy of David Codrea’s column and ask if the BATFE is not subverting the will of Congress. I’d do the latter in a second letter. The more times we can get this before their radar screen, the better.