David Hardy

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End of year ruminations from David Codrea. A core problem is that ATF has never followed the Administrative Procedure Act, 5 USC 522. That statute provides for three levels of disclosure. “[S]ubstantive rules of general applicability … and statements of general policy or interpretations of general applicability formulated and adopted by the agency” are to be published in the Federal Register, from which they are edited into the Code of Federal Regulations. “An AR-15 receiver becomes a receiver and thus a firearm when the area that holds the fire control group is milled out” would plainly fit here. “Final opinions,…
Even at the Parkland school shooting. The 11th Circuit notes, “The students allege that the Parkland tragedy was exacerbated by government blunders before and during the shooting. The Broward County Sheriff’s Office failed to act on the “many dozens of calls” it received that warned of Cruz’s dangerous propensities. Although Sheriff Scott Israel and Superintendent Robert Runcie knew that Cruz might be dangerous and Runcie was warned that the school had inadequate security, neither official attempted to improve school security. And Scot Peterson, the police officer in charge of school security, was nicknamed “Rod”–short for “retired on duty”– for…