Once again the House omnibus appropriations bill, H.R. 3354, provides funding for ATF to conduct federal firearms relief determinations under 18 U.S.C. § 925(c). Since 1992, Congress has specifically denied ATF the ability to utilize any funds they are appropriated to conduct these determinations. Further, ATF will not allow an individual to fund their own hearing, rendering a person’s options for relief at the federal level limited to Second Amendment as-applied challenges and/or presidential pardons.
It is important that you contact your Senators immediately and demand they pass the bill with the funding for federal firearms relief determinations in the final language.
Who is My Senator?
If this bill were to pass with funding reinstated for the program, thousands of individuals who are currently prohibited may be able to once again exercise their Second Amendment rights.
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Published by Adam Kraut, Esq.
Adam Kraut was born and raised in Chester County, PA. Active in scouting since kindergarten, Adam achieved the rank of Eagle Scout in 2004. After graduating high school, Adam attended SUNY Binghamton where he graduated in 2009 with a major in Political Science concentrating in politics and law. After taking a year away from academics, Adam attended Widener Law School at night while maintaining a day job and graduated in 2014.
Adam is an avid firearms enthusiast, whose love for firearms began in Boy Scouts at Camp Horseshoe. Adam’s experience in the firearms industry as the general manager of a Federal Firearms Licensee, who is a Class 3 dealer, gives him a working knowledge of the challenges the industry, licensees and individuals face on a daily basis. Having worked with industry leaders, individual licensees and individuals both from behind the counter and in a legal context, Adam is in a unique position to give advice with insight others may not have.
In addition to being active in the courtroom, Adam is politically active to ensure that the Second Amendment rights of future generations continue to be protected. He is the host of The Gun Collective‘s show, The Legal Brief, where he dispels the various legal myths and misinformation in the gun world. In his free time, Adam volunteers with his old Boy Scout troop, cranks out ammunition behind the reloading press, can be found at the range training, enjoys hiking through the woods and cares for his small pack of dogs.
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The old Irish saying it an ill wind that doesn’t blow someone some good might apply here. I hear they are trying shove “Fix NICS” into a spending bill WITHOUT “National Reciprocity” added. Bummer.
Then again Obama got rid of the CLEO signature on Forms One and Four so you never know what can happen.
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HR 3354 passed the house some time ago — in the fall of 2017 IIRC. The “budget bill” currently being the subject of so much attention is actually a rider they attached to a “human trafficking” bill HR 1629. The section pertaining to the allotment of funds for “relief granting” is found on page 165, starting on line 10. Unfortunately, it’s the version that denies funds. Here is the “new omnibus” bill : http://docs.house.gov/billsthisweek/20180319/BILLS-115SAHR1625-RCP115-66.pdf
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It’s not *just* the ATF’s opinion that someone may not self-fund their hearing. The Anti-Deficiency Act would appear to cover that case as well, I’d think?
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I saw hr 3354 passed the Senate. Does it have the funding for the relief of disabilities?
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