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<blockquote data-quote="rhart" data-source="post: 2832012" data-attributes="member: 16596"><p>Lifted from Washington Post:</p><p></p><p>Taken at face value, the new ATF guidance is nothing more than a restatement of existing legal requirements. It merely identifies those who are already subject to the relevant federal requirements and does not in any way expand the universe of those gun sellers who are required to obtain a license and perform background checks. In other words, it is - as the document says - a guidance, and not a substantive rule. It has no legal effect.</p><p>If the ATF guidelines are nothing more than a guidance, but not a tightening of the relevant legal standard - why would the administration do this? First, guidance documents are often useful insofar as they explicate relevant legal standards and (as the name implies) provide guidance to the regulated community. Such documents can help people know when they are subject to specific legal requirements. </p><p>A second potential reason for issuing a guidance document of this sort is that the administration hopes to “chill” marginal gun sales. Although a guidance document does not change the relevant legal standard, the issuance of such a document can affect behavior. Individuals who learn they are closer to the relevant legal line than they had realized might be encouraged to comply with the relevant legal requirements, or they may opt to stop selling guns. In this way, a guidance document may help to discourage behavior the government wishes to control but which may lie beyond the government’s legal reach.</p><p>A third potential reason for issuing a guidance of this sort is political: to respond to the political demand for action. Issuing a guidance document with substantial fanfare is a way to create the impression of action and satisfy relevant constituencies. To the typical, rationally ignorant voter, it may appear that the administration is doing something significant. (And insofar as Republicans complain and caterwaul about the administration’s actions, this purpose is more fully achieved.)</p></blockquote><p></p>
[QUOTE="rhart, post: 2832012, member: 16596"] Lifted from Washington Post: Taken at face value, the new ATF guidance is nothing more than a restatement of existing legal requirements. It merely identifies those who are already subject to the relevant federal requirements and does not in any way expand the universe of those gun sellers who are required to obtain a license and perform background checks. In other words, it is - as the document says - a guidance, and not a substantive rule. It has no legal effect. If the ATF guidelines are nothing more than a guidance, but not a tightening of the relevant legal standard - why would the administration do this? First, guidance documents are often useful insofar as they explicate relevant legal standards and (as the name implies) provide guidance to the regulated community. Such documents can help people know when they are subject to specific legal requirements. A second potential reason for issuing a guidance document of this sort is that the administration hopes to “chill” marginal gun sales. Although a guidance document does not change the relevant legal standard, the issuance of such a document can affect behavior. Individuals who learn they are closer to the relevant legal line than they had realized might be encouraged to comply with the relevant legal requirements, or they may opt to stop selling guns. In this way, a guidance document may help to discourage behavior the government wishes to control but which may lie beyond the government’s legal reach. A third potential reason for issuing a guidance of this sort is political: to respond to the political demand for action. Issuing a guidance document with substantial fanfare is a way to create the impression of action and satisfy relevant constituencies. To the typical, rationally ignorant voter, it may appear that the administration is doing something significant. (And insofar as Republicans complain and caterwaul about the administration’s actions, this purpose is more fully achieved.) [/QUOTE]
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