Ryan Cleckner, a veteran and expert in the firearm industry, gave lawmakers a lesson in Civics 101 during his testimony against ATF excesses. Ryan Cleckner knows a lot about standing up for what is right, even when it’s difficult.
ATF’s Firearm Industry Expert teaches Civics 101 to the ATF
Former Special Operations sniper, lawyer and author, former NSSF staff members, firearm safety advocate and industry alumnus, co-owner of Gun University, a site dedicated firearm education and regulation compliance, gave Congress a lesson about how the Executive Branch is reducing fundamental rights and usurping the Legislative Branch’s role to represent “We the People.”
Cleckner testified before U.S. House of Representatives Subcommittee for the Administrative State, Regulatory Reform and Antitrust. The topic was “Reining In the Administrative State: Reclaiming Congress’s Legislative Power.”
The hearing was presided over by U.S. Rep. Thomas Massie, R-Ky. In his opening speech, he explained how important it is for Congress to regain its role and protect against bureaucracies run amok.
Chairman Massie stated that Americans must now follow rules that are not from Congress. “Federal agencies have imposed their will on Americans more frequently in recent years.”
Chairman Massie cited the Final Rule on stabilizing gun braces published by Bureau of Alcohol, Tobacco, Firearms and Explosives as an example of bureaucratic excess.
“It requires gun owners to use stabilizing braces, and not bump stocks, Mr. Ranking Member [David Cicilline, D-R.I ) to register their braced guns, modify their weapons or risk potential felony prosecutions.
Back to the basics
Cleckner taught the lawmakers a lesson in Civics 101. Cleckner reminded the lawmakers that government is only possible with the consent of the people it serves. In the same way, those who govern are accountable to the People.
Cleckner testified that “When you consider legislation, or hold hearings on issues, it is open for the public.” “This transparency is fundamentally important to our Government. Hearings and debates on legislation allow for different opinions to be heard before legislation is passed. It is destructive to America, its citizens, as well as to Congress to allow non-elected and nonrepresentative bureaucrats from Federal Agencies to exercise power that should only be granted to Congress.
Cleckner pointed out the clear examples of rulemaking by the Biden government in which the Department of Justice, through the Bureau of Alcohol, Tobacco, Firearms and Explosives, unilaterally decided that attaching an AR pistol brace is a criminal offense unless the owner registers it under the National Firearms Act, (NFA), as a newly-redefined, short-barrel rifle.
These were legal until the publication of the Final Rule.
Cleckner testified that “this latest rule that ATF has made, redefines laws passed Congress and it criminalizes firearms with certain accessories that ATF had previously approved.” “This rule, which is fiat, effectively gives ATF the power to determine who’s a felon with the stroke of a bureaucrat’s pen. This is not a proper enforcement of the law, it is tyranny.”
ATF enforces, not writes law
Cleckner explained that Congress has the sole authority to create laws. This is especially true for criminal law. Executing and administering law is the responsibility of the Executive Branch, which includes ATF and the DOJ. The Constitution does not allow any agency of the Executive Branch to create criminal law by itself.
Cleckner warned Americans that they could become unwitting felons in an instant. Particularly because the ATF flipped on pistol brace determinations. It was legal one day, and possession without registration is a felony another.
According to the Congressional Research Service, there are between 10 and 40 millions of these. The rule is not known by most Americans. Even those who do know it is in effect, they are unable to interpret it because the ATF uses vague and ambiguous language.
Cleckner said, “We’re discussing a piece of material that was previously approved and rewritten by the ATF… they’re going be made into felons.” “This is 18 USC law, which ATF is trying redefine and trying to reform and serious crimes, confusing regulations and going back-and forth, I don’t see how that’s helping anybody.”
ATF has reversed its long-standing guidance three times in recent years (bump stock, frames or receivers and now arm braces). This guidance has been relied upon by the industry to bring products to market and to sell them legally to law-abiding Americans. The ATF changed its mind, but it was only because it was politically expedient. Democracy is at risk from the growth of the Fourth Branch of the administrative state, which is not elected.
Story originally posted to NSSF.org
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Personal Defense World published the article Industry Expert and Combat Vet Schools ATF on Its Overreach.
