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Posted: 8/22/2004 9:43:53 PM EST
[Last Edit: 8/22/2004 9:44:30 PM EST by RDak]
I've read many members stating ATF will or will not issue a clarification memo. on the AWB if it expires. I think they should inorder to to avoid any confusion.

My problem is this: Many laws are enacted, such as tax laws, with an ending statement made that states, the "Treasury will write regulations that carry out the intent of the statute". When that statement is made by Congress, (in the statute), the regulations issued have the effect of law. In other words, the regulations have "statutory authority" in that type of situation.

Was that how the AWB was written? If so, then any regulations would carry the same legal weight as the actual statute. I assume they would expire along with the AWB statute but a clarification letter would be helpful.
Link Posted: 8/23/2004 5:37:18 AM EST
This is not a problem here. Most statutes delegate authority to some federal agency to create regulations implementing the statutes; the 1994 AWB is no different. However, with the AWB once the statute expires there is no statutory authority on which to premise any regulations.
Link Posted: 8/23/2004 6:02:05 AM EST
The regulations promulgated under an act of Congress, and under explicit congressional authority are under the various titles of the Code of Federal Regulations (CFR)

Parallel citations to the CFR can be found in the US Code (USC) -- of which the AWB is in 18 USC 921 & 922 ( "parallel authorities (CFR)" link is to the right)

When the statutory basis for a CFR reg disappears (IE the AWB expires), so does the reg. While citizens may find clarification letters helpful, they are not necessary from a legal standpoint regarding removing regs or agency enforcement guidelines based on fairly routine legislative requirements.

Cheers, Otto
Link Posted: 8/23/2004 6:11:40 AM EST
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