Gender Lunacy
Facts first... | 5/31/2023

There are two sexes.  Male and Female.  Anything biologically inconsistent ... Read More

Durham Report
Yeah, nobody reads this, but I feel better if I vent. | 5/17/2023

What’s the Durham report really say?  Collusion between the Clinton campaign, ... Read More

More Blog Entries

Thoughts on Loper Bright v Raimondo

Overturn BATFE's interpretation of Hughes? | 1/18/2024

This case is making it look likely that the SCOTUS is going to overturn Chevron Deference.  That puts an end to unelected federal agencies being able to interpret laws to mean whatever these bureaucrats want them to mean, and having the courts defer to agency opinion.  Great. 

Chevron Deference has been used for the last 40 years to regulate every aspect of our lives, without our elected officials having had to actually vote for unpopular changes to the law.  No need, let whatever agency make a rule.  Want to ban pistol braces, but don’t have the votes?  BATFE just makes a new rule, forget what they said last week, you’re all felons now.  Want to regulate who can fly a drone and where?  FAA to the rescue, no need to debate the subject in congress.  Want to ban gas appliances?  FTC can handle that, no need for you, senator, to defend your vote during the next election cycle.

Just theorizing here…. In 1986, William Hughes got a last minute amendment passed that states:

‘Except as provided in P2, it shall be unlawful for any person to transfer or possess a machinegun.’

‘(2) This subsection does not apply with respect to (a) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof”

Many folks thought, at the time… Machineguns have been regulated since 1934, and all legal transfers of machineguns since that date have occurred under the authority of the BATFE.  The new law doesn’t change anything.

Except… that’s not what the BATFE interpreted the new law as. They decided that this ambiguous sentence means no more registration of machineguns.  Under Chevron, nobody can argue with the bureaucrat’s interpretation of the law.  Register closed.  No right to appeal to the courts, they simply defer to the agency.

If Chevron is overturned, could I submit a form 4 and the appropriate tax to the BATFE to register an AR lower, and file a lawsuit when they deny my application?   I’m doing just as the law says, submitting my form to register a new machinegun through the appropriate federal agency, attempting to pay my tax, as legally required