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Tuesday
Oct042011

Jon Tester (D) of Montana Pummels Attorney General and ATF over new "guidance". Eric Holder's quagmire deepens.

This crew-cut Rocky Mountain Bad-Ass sent a letter to the Attorney General Eric Holder, and the BATF, castigating them for onerous and overreaching guidance.

This is the same Eric Holder who let the BATF sell over 2,000 guns to gun-runners in Mexico in what many members of Congress (who he lied to during the investigation) are calling an illegal sting operation. Hardly seems like Mr. Holder should be giving ANY guidance, much less where guns are concerned. Oh, it's interesting to note that 1,400 guns were never recovered, and a U.S. Border Patrol agent, and untold Mexican citizens have since been killed with these weapons. 

Holder armed criminals in the United States and Mexico, but wants to take guns from law abiding Americans. In any case, here's a look at Jon's letter.

September 28, 2011

The Honorable Eric Holder                                        
Attorney General                                                       
Department of Justice                                                
950 Pennsylvania Ave, NW, Suite 5111                   
Washington, DC  20530                                            
                                                                                  
The Honorable Arthur Herbert                                              
Assistant Director, Enforcement Programs
Bureau of Alcohol, Tobacco, Firearms and Explosives
99 New York Avenue, NE, Room 55144
Washington, DC 20226

Dear Attorney General Holder and Assistant Director Herbert:
                                                                       
As a staunch defender of the Second Amendment, I write to express my strong objection to the recent guidance issued to federal firearms licensees.  These regulatory changes infringe upon the privacy and Second Amendment rights of Montanans while placing an unreasonable burden upon the small business owners who sell firearms and ammunition.   The Department of Justice should immediately reconsider this misguided effort.

It is unacceptable that law-abiding citizens would be stripped of their Second Amendment rights simply because they hold a state-issued card authorizing the possession and use of marijuana for medicinal purposes.  Your guidance would also require gun dealers to obtain knowledge about their customers’ medical information before selling them a gun or ammunition.  This is an unreasonable invasion of privacy that would both restrict an individual’s right to firearms ownership and would impose hefty new compliance requirements on small businesses.

The guidance would force gun dealers and sellers of ammunition to become proxy agents of the Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF).  Federal firearms licensees in Montana are dedicated to following ATF regulations, but they are also small business owners.  It is unreasonable to require gun dealers to use a “reason to believe” standard when determining whether to sell a firearm or ammunition to a customer.  The disclosure burden of the use of controlled substances to determine eligibility should lie upon the purchaser exclusively.

I urge you to immediately reassess this guidance, recognize the chilling effect that it will have on the Second Amendment rights of law-abiding citizens and remove these burdensome and invasive requirements on federal firearms licensees.  I appreciate your consideration on this issue and look forward to your response.

Sincerely
(s)
Jon Tester

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