I have done a lot of research in regards to this publication. This publication is based on 27 CFR § 478.24. § 478.24(a) states in part that: “The Director shall annually revise and furnish Federal firearms licensees with a compilation of State laws and published ordinances which are relevant to the enforcement of this part.”
So, what is “enforcement of this part”? Well, 27 CFR § 478.1 says what it covers and that is “The regulations contained in this part relate to commerce in firearms and ammunition and are promulgated to implement Title I, State Firearms Control Assistance (18 U.S.C. Chapter 44), of the Gun Control Act of 1968 (82 Stat. 1213) as amended by Pub. L. 99–308 (100 Stat. 449), Pub. L. 99–360 (100 Stat. 766), Pub. L. 99–408 (100 Stat. 920), Pub. L. 103–159 (107 Stat. 1536), Pub. L. 103–322 (108 Stat. 1796), Pub. L. 104–208 (110 Stat. 3009), and Pub. L. 105–277 (112 Stat. 2681). ” Please note the highlighted public law.
Now, lets look at 27 CFR § 478.11 titled “Meaning of terms.” In other words, definitions, and one of those definitions is “Large capacity ammunition feeding device. A magazine, belt, drum, feed strip, or similar device for a firearm manufactured after September 13, 1994, that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. The term does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition, or a fixed device for a manually operated firearm, or a fixed device for a firearm listed in 18 U.S.C. 922, Appendix A.” 27 CFR § 478.93(c) says how magazines, that hold 10 rounds or more, are to be marked and who may possess them.
All the regulations are still on the books; 27 CFR § 478.1 through 27 CFR § 478.171 which includes 27 CFR § 478.24, the publication of “State laws and published ordinances” and apparently ATF's authority to regulate magazines, 27 CFR § 478.93(c).
The ATF claims that their authority for 27 CFR § 478.24 comes from 18 U.S.C. 926 and T.D. ATF-270, (Treasury Decision ATF-270). The problem is ATF is no longer under the Treasure Department, they are under the Justice Department as of January 24, 2003. In other words, the regulation is woefully outdated.
So, is 27 CFR § 478.11 (Large capacity ammunition feeding device.) and 27 CFR § 478.93(c) outdated or have no law to even support them? In other words, does ATF have authority to regulate magazines? The simple answer is NO. As noted above, Public Law 103–322 is one of the laws that authorizes/supports these regulations. And you will find that Public Law 103–322 is the law that regulates magazines. Well, Public Law 103–322 is the infamous Assault Weapons Ban law which expired September 13, 2004. In other words, ATF does not regulate magazines anymore.
So lets go back to the beginning, 27 CFR § 478.24(a) states in part that: “The Director shall annually revise and furnish Federal firearms licensees with a compilation of State laws and published ordinances which are relevant to the enforcement of this part.” Well, the majority of the regulations under that part are no longer enforceable, in effect, there is no law that supports most of those regulations. And it's questionable that 27 CFR § 478.24 is even needed or is even authorized by law. But I know that the publication should not mention one word about magazines. Magazines are NOT relevant to the enforcement of this part. See 27 CFR § 478.24.
Section 101 of Title I, State Firearms Control Assistance of the Gun Control Act of 1968, Public Law 90-618 (82 Stat. 1213) stated purpose is: “The Congress hereby declares that the purpose of this title is to provide support to Federal, State, and local law enforcement officials in their fight against crime and violence, and it is not the purpose of this title to place any undue or unnecessary Federal restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, and that this title is not intended to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes, or provide for the imposition by Federal regulations of any procedures or requirements other than those reasonably necessary to implement and effectuate the provisions of this title.”
It is a problem when ATF interferes with state law and even fails to publish those state laws that makes clear that those local ordinances they (ATF) did publish are, in fact, illegal as based on state law that they failed to publish. And in so publishing illegal laws misleads licensed FFLs.
Today I spoke with an ATF person in the local office. I was trying to qualify some of what I was researching. I was informed (off the record) that the right hand does not know what left hand is doing. In effect ATF is in disarray. They looked at the above mentioned CFRs and couldn't believe the majority on them have no law behind them and should not even exist.
I agree with Trump, for very new regulation two old regulations must be rescinded.
