“We Dare Not Keep Silent”: ATF Releases Anti-Gun Rule For Public Comment

BY Herschel Smith
2 months, 1 week ago

From a reader …

ZH, submitted by GOA.

Earlier this year, the Biden Administration announced its intent to move the United States “as close to Universal Background Checks as possible without additional legislation.”

After much speculation on how far-reaching the rule would be, it has finally arrived, and it’s worse than expected.

In its current form, the universal background check rule could subject those who sell even a single firearm to dealer requirements, including a background check.

While it is worth noting that none of this would be possible without the Republican-backed gun control known as the Bipartisan Safer Communities Act. There’s still something that gun owners can do to combat this rule.

Under the Administrative Procedures Act, when agencies like ATF make rules, they must first submit the rule for public comment on the Federal Register.

During this period, citizens can give their thoughts on the rule and describe their unique situations as to how it will affect them.

If enough comments are negative, the agency will pull the rule and not proceed. Gun Owners of America has experienced massive success in defeating the ATF through this method. Most significantly, in 2015, we defeated the Obama administration’s attempt to ban M855 “green tip” ammunition during the notice and comment period.

The first attempt at a pistol brace ruling during the Trump Administration was also defeated through the notice and comment period. ATF retracted the rule and “acknowledged there were legitimate uses for the devices,” a statement that encapsulates the hypocritical nature of the agency itself.

And even if the rule goes through and becomes the law of the land, we’re not out of options, but your comments are still extremely important to the next steps.

I get why someone would comment, and I get why they would want to be gray man.  I don’t fault anyone for the choice.  My profile is pretty visible anyway, and you can guess what I think about this sort of rule-making.

I do doubt that comments will deter the FedGov.  But if you feel so-inclined, the link is in the article.

I just wish ATF employees would go get a job doing something that isn’t parasitic on society.  I don’t think they really care how dreary and dreadful they have become.


  1. On September 22, 2023 at 6:28 am, Joe Blow said:

    With due respect, Sir. Your last paragraph tells a bigger story.
    Its not just you, I see this same problem everywhere, evrything that touches anything official suffers from this problem.
    Look up Michael Yon’s spiel on paradigms and a 1 degree shift (I’m sure you get the concept just from the description).
    Respectfully Sir, your paradigm is off.
    You cannot understand why the ATF (as an agency) and its employees (as indivudals sworn to uphold The Constitution), would behave in such a manner.
    – That is because your paradigm tells you the agency is here to serve and protect you. It is not.
    – That is because your paradigm tells you the agents support the constitution and its principles. They do not.

    I could go on…

    Its not just you, its everyone, I do it too! Thats what makes this situation we are in so mentally painful! This is NOT how shits supposed to work!!! I say that at least 10x a day….

    Government agents enforce laws as they were written, and protect the people, thats our paradigm. But thats not what is happening, is it? Thats the source of our anguish. Because our paradigm does not fit the current situation. It shifted THAT drastically… thats why we all have that spinning feeling, thats why nothing works like it should, why we are all so confused feeling.
    When you start to get your head around how epically fucked we are right now, it is painful, I don’t blame anyobe for WANTING to stick your head in the sand. We just can’t afford to do it anymore.

  2. On September 22, 2023 at 6:50 am, Longbow said:

    You are correct, Herschel. They don’t care.

    There are plenty of men in the world who’ll do it. Sadly, many of them are native born and come from the same culture you and I do. They’ll do it for a paycheck. Go watch John Dodson’s recent interview about his career with ATF. He only decided to look at himself in the mirror AFTER Brian Terry was killed. He worked an entire career imposing his agency’s anti-rights, anti-constitution, anti-freedom agenda. It was all fine and good as long as only mere mortals were being killed, maimed, and imprisoned. But when a fellow federal agent is killed, well… that’s just too far!

    Whores, the lot of them.

  3. On September 22, 2023 at 8:04 am, Herschel Smith said:

    “Respectfully Sir, your paradigm is off.
    You cannot understand why the ATF (as an agency) and its employees (as indivudals sworn to uphold The Constitution), would behave in such a manner.
    – That is because your paradigm tells you the agency is here to serve and protect you. It is not.
    – That is because your paradigm tells you the agents support the constitution and its principles. They do not.”

    Frankly, we’re not in the same conversation. You’re off in another world from the one here in this specific post.

    At the recommendation of a reader, I supplied the link for you to comment if you’d like, or ignore it if you wish. That’s the extent of it basically.

    You said my paradigm is off and that I ASSUME that the FedGov is here to protect and defend me.

    Here’s a challenge problem for you.

    Go find me a single post in my entire catalog of writing that says I think anyone is here to protect and defend me, or that the controllers care about the constitution?

    Go do it.

    Or maybe read a little more closely.

  4. On September 22, 2023 at 9:33 am, Joe Blow said:

    I get your point, Sir.
    You are correct.

  5. On September 22, 2023 at 10:10 am, Don't mind me. said:

    “Government agents enforce laws as they were written,”

    Yes, and when they break their own laws they simply rewrite the law to allow them to walk away scot-free.
    The paradigm, Joe is that every single one of us breaks a myriad of laws every day we’re not aware of, and thus the government can arrest and prosecute any one of us on a whim and there’s nothing we can do about it.

  6. On September 22, 2023 at 12:22 pm, PGF said:

    I get Joe’s point; many suffer from the assumption of good intent syndrome, but I don’t think our host or the readership here do.

    Rawles also has made thorough, clear, legal arguments during periods of public comment; perhaps he give us another example to follow.

    And, just for the record, Ahem, there’s a difference between an online moniker to keep idiots at bay, and pretending to be an operator/agent grey man hidden from government view. These two things are not the same.

    Wait, Trump also tried to ban Pistol Braces? Well, I’m gonna voooooot so hard it’ll make Washington finally take notice.

  7. On September 22, 2023 at 12:28 pm, Herschel Smith said:


    The battle is at all fronts. including politics. If we give up on any front, we allow the enemy to flank us and create defilade fires.

  8. On September 22, 2023 at 12:46 pm, PGF said:

    I’m not saying don’t make a comment. I thought what was said indicated just the opposite.

  9. On September 22, 2023 at 1:16 pm, Herschel Smith said:

    I agree with what you said and was agreeing in the comment I made.

  10. On September 22, 2023 at 1:25 pm, PGF said:

    Uh, I need some rest. Long couple of days.

  11. On September 22, 2023 at 6:31 pm, Steady Steve said:

    The ATF will lose on the first court challenge for 2 reasons. They are not allowed to re-define the laws Congress has passed. And to be “engaged in business” one must make a profit on the item sold.

  12. On September 22, 2023 at 11:47 pm, Dan said:

    BATFEces allows a “comment period” solely for appearances…to LOOK like they follow the rules. In reality they don’t give a red rats ass what we the people think, say or want. They WILL impose whatever rules THEY decide on. Period. Full stop. They are essentially above accountability. As is the DOJ/FBI gang of criminals and virtually every other Fed agency.

  13. On September 23, 2023 at 7:57 am, JB said:

    We are doomed to eternal Communism. Life in a police is being tolerated today and will be for a very long time. Americans have become weak feckless people. No all mind you. But most. And so the chains of tyranny are encircling each of us year by year.

    I dont see an equivilant of the Revolutionary War repeating itself. Not this century, if ever at all.

  14. On September 23, 2023 at 1:54 pm, Dirk said:

    While I read about this Communist non sense daily the truth of the matter is, nothings changed on this mountain. The people here have no problems telling the popo, the state and especially the Feds to fuck off. Here the cops don’t fuck with these people.

    I would like to comment on a post above in which two fbi agents and a deputy approach a guy at his home.

    If you noticed the lead fbi guy repeated literally everything permanent the citizen said. The fbi guy or one of the others was recording everything the citizen said, when you ever hear anybody in law enforcement repeating exactly what the person they’re talking at, it’s a tool taught.

    The point made that you say blue, when somethings red and you’re arrested for lying to a fed, is exactly why they repeat, to make sure the recording is accurate.

    In that film, the fbi Agents a vet, trying hard to intimidate the citizen with his actions and words. Leaning into the citizen, vailed threats, guy was a pro been around along time.

    I want to advise you all. Do not play with federal law enforcement, they have the time the resources and they do not forget. Statutes of limitations are usually four to seven years except for capital crimes, there are no time limitations.

    In closing I would tell you I’ve personally worked with some dam fine men who were fbi, like everybody here who has a job a boss, you follow the rules.

    When your job is enforcing the law, that’s simply what you do. I make no apology’s for 27 years in state enforcement, I like to think I did it differently. I didn’t fuck with the good people, I hunted Felons, those who committed felony’s.

    I knew early on that felons don’t commit one felony crime and quit. Na, a felon is who they are, it’s what they do. Not uncommon for me to rack a burglar with 100 burglary’s at a time. A lot of work, goes into a complex 100 crime scenes case. I had a DA who was a rock star.

    Don’t matter if the felon wears a suit or saggy pants, they’re all the same. What’s different is, the suit understands attorneys are expensive but a good one is well worth the money, a good one historically beats the system using the rules against the system.

    If you’re on any Fed agency’s radar, you have a major problem. They will spend whatever it takes in the millions to catch you for some nonsense crime. They will eventually catch you.


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You are currently reading "“We Dare Not Keep Silent”: ATF Releases Anti-Gun Rule For Public Comment", entry #35848 on The Captain's Journal.

This article is filed under the category(s) BATFE and was published September 21st, 2023 by Herschel Smith.

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