barnbwt
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- Aug 14, 2011
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https://www.justice.gov/opa/press-release/file/1012271/download
The summary is that Sessions is ordering DOJ issuers of regulatory opinions to more closely obey the rules that bind the scope and procedure of their adoption. While we're probably not allowed to discuss exactly how, or when, the ATF has exceeded its authority to interpret the governing statute, it appears to be severe enough to finally catch the attention of their overseers. It seems the intention is for past or future ATF rule-changes deemed to exceed their authority to go through the more rigorous public vetting process in place for significant regulatory changes. It is stated clearly that past opinion letters have been issued, which circumvented the rule-making process required by law.
The nature of the issue here is inherently nebulous, which is how the rule-making power came to be abused in the first place. This is also very early on in whatever timeline will see ATF decisions curtailed, or not. We don't know exactly which overreach(es) caused this move, we don't know what if any rules will be affected, we don't know if any changes will be in our favor. Theoretically, it may not even be intended to apply to the ATF, though the repeated references to legally-binding opinion letters for which the Bureau is infamous speak against that possibility.
Discuss, if we able...
TCB
AG Sessions Memorandum said:It has come to my attention that the Department has in the past published guidance documents- or similar instruments of future effect by other names, such as letters to regulated entities- that effectively bind private parties without undergoing the rulemaking process. The Department will no longer engage in this practice. Effective immediately, Department components may not issue guidance documents that purport to create rights or obligations binding on persons or entiti es outside the Executive Branch
The summary is that Sessions is ordering DOJ issuers of regulatory opinions to more closely obey the rules that bind the scope and procedure of their adoption. While we're probably not allowed to discuss exactly how, or when, the ATF has exceeded its authority to interpret the governing statute, it appears to be severe enough to finally catch the attention of their overseers. It seems the intention is for past or future ATF rule-changes deemed to exceed their authority to go through the more rigorous public vetting process in place for significant regulatory changes. It is stated clearly that past opinion letters have been issued, which circumvented the rule-making process required by law.
The nature of the issue here is inherently nebulous, which is how the rule-making power came to be abused in the first place. This is also very early on in whatever timeline will see ATF decisions curtailed, or not. We don't know exactly which overreach(es) caused this move, we don't know what if any rules will be affected, we don't know if any changes will be in our favor. Theoretically, it may not even be intended to apply to the ATF, though the repeated references to legally-binding opinion letters for which the Bureau is infamous speak against that possibility.
Discuss, if we able...
TCB