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	Comments on: Trump is attempting to reform federal regulatory criminal law	</title>
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	<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/</link>
	<description>A blog about political change, among other things</description>
	<lastBuildDate>Fri, 16 May 2025 00:57:07 +0000</lastBuildDate>
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		<title>
		By: Richard Aubrey		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802179</link>

		<dc:creator><![CDATA[Richard Aubrey]]></dc:creator>
		<pubDate>Fri, 16 May 2025 00:57:07 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802179</guid>

					<description><![CDATA[The requirement for mens rea should stifle a lot of the nonsense. See Malinowski.]]></description>
			<content:encoded><![CDATA[<p>The requirement for mens rea should stifle a lot of the nonsense. See Malinowski.</p>
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		<title>
		By: JFM		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802121</link>

		<dc:creator><![CDATA[JFM]]></dc:creator>
		<pubDate>Thu, 15 May 2025 16:58:46 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802121</guid>

					<description><![CDATA[Don, I’m glad you brought up guns and the ATF. The punishment part of breaking a regulation can be up to 10 years in prison and fines up to $250,000. All for breaking a regulation. Here’s the crazy thing (at least for the ATF) agencies can decide what was fine is no longer fine and punish people for breaking the regulations.]]></description>
			<content:encoded><![CDATA[<p>Don, I’m glad you brought up guns and the ATF. The punishment part of breaking a regulation can be up to 10 years in prison and fines up to $250,000. All for breaking a regulation. Here’s the crazy thing (at least for the ATF) agencies can decide what was fine is no longer fine and punish people for breaking the regulations.</p>
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		<title>
		By: Don		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802119</link>

		<dc:creator><![CDATA[Don]]></dc:creator>
		<pubDate>Thu, 15 May 2025 16:47:17 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802119</guid>

					<description><![CDATA[And note that in my above examples on open bolt weapons, or items like bumpstocks and forced reset triggers, the penalty is a 10 year or $10k federal crime.]]></description>
			<content:encoded><![CDATA[<p>And note that in my above examples on open bolt weapons, or items like bumpstocks and forced reset triggers, the penalty is a 10 year or $10k federal crime.</p>
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		<title>
		By: Don		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802117</link>

		<dc:creator><![CDATA[Don]]></dc:creator>
		<pubDate>Thu, 15 May 2025 16:27:40 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802117</guid>

					<description><![CDATA[&lt;i&gt; Watt:
I was astounded to read that federal regulations may be written to include criminal penalties. For some reason, I was under the impression that that criminal laws had to be statutory in the first instance. The post does not address or explain this issue; I would like to have seen more background on it.&lt;/i&gt;

Consider guns. There is legislative law like NFA 1934, GCA 1968, etc. These laws make having a machine gun without a tax stamp a federal crime. The law defines machine gun as a gun that fires multiple rounds with one action from the trigger. But the regulatory agency (ATF) has decided that if something is too close to being a machine gun (easy to convert) it is also a machine gun with the same penalties. So they applied this to some weapons that fire from the open bolt as well, on the basis that they are easy to convert (there are some single shot open bolt fire weapons that are legal). 

ATF has used regulation to expand weapons laws to apply to a lot of things not directly covered by the law. Recently the courts have struck down those regulations on bumpstocks and forced reset triggers (items that simulate full auto fire but are not technically full auto).]]></description>
			<content:encoded><![CDATA[<p><i> Watt:<br />
I was astounded to read that federal regulations may be written to include criminal penalties. For some reason, I was under the impression that that criminal laws had to be statutory in the first instance. The post does not address or explain this issue; I would like to have seen more background on it.</i></p>
<p>Consider guns. There is legislative law like NFA 1934, GCA 1968, etc. These laws make having a machine gun without a tax stamp a federal crime. The law defines machine gun as a gun that fires multiple rounds with one action from the trigger. But the regulatory agency (ATF) has decided that if something is too close to being a machine gun (easy to convert) it is also a machine gun with the same penalties. So they applied this to some weapons that fire from the open bolt as well, on the basis that they are easy to convert (there are some single shot open bolt fire weapons that are legal). </p>
<p>ATF has used regulation to expand weapons laws to apply to a lot of things not directly covered by the law. Recently the courts have struck down those regulations on bumpstocks and forced reset triggers (items that simulate full auto fire but are not technically full auto).</p>
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		<title>
		By: Barry Meislin		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802114</link>

		<dc:creator><![CDATA[Barry Meislin]]></dc:creator>
		<pubDate>Thu, 15 May 2025 15:44:22 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802114</guid>

					<description><![CDATA[Related:
Turley’s overview…

‘“A Modest Request&quot;: The Supreme Court Hears Challenge To National Or Universal Injunctions’—
https://www.zerohedge.com/political/modest-request-supreme-court-hears-challenge-national-or-universal-injunctions]]></description>
			<content:encoded><![CDATA[<p>Related:<br />
Turley’s overview…</p>
<p>‘“A Modest Request&#8221;: The Supreme Court Hears Challenge To National Or Universal Injunctions’—<br />
<a href="https://www.zerohedge.com/political/modest-request-supreme-court-hears-challenge-national-or-universal-injunctions" rel="nofollow ugc">https://www.zerohedge.com/political/modest-request-supreme-court-hears-challenge-national-or-universal-injunctions</a></p>
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		<title>
		By: Chases Eagles		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802107</link>

		<dc:creator><![CDATA[Chases Eagles]]></dc:creator>
		<pubDate>Thu, 15 May 2025 13:58:29 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802107</guid>

					<description><![CDATA[“ Chief Justice Roberts, writing for the majority, emphasized that it is the judiciary’s role to “say what the law is”

Bullshit.]]></description>
			<content:encoded><![CDATA[<p>“ Chief Justice Roberts, writing for the majority, emphasized that it is the judiciary’s role to “say what the law is”</p>
<p>Bullshit.</p>
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		<title>
		By: Barry Meislin		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802104</link>

		<dc:creator><![CDATA[Barry Meislin]]></dc:creator>
		<pubDate>Thu, 15 May 2025 13:19:49 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802104</guid>

					<description><![CDATA[Related:

“Ending Nationwide Injunctions”—
https://www.civitasinstitute.org/research/ending-nationwide-injunctions
H/T Powerline blog. 

Key graf:
“Our Constitution incorporates numerous veto points to prevent unlawful or unconsidered actions, but it is not designed to paralyze the presidency.“]]></description>
			<content:encoded><![CDATA[<p>Related:</p>
<p>“Ending Nationwide Injunctions”—<br />
<a href="https://www.civitasinstitute.org/research/ending-nationwide-injunctions" rel="nofollow ugc">https://www.civitasinstitute.org/research/ending-nationwide-injunctions</a><br />
H/T Powerline blog. </p>
<p>Key graf:<br />
“Our Constitution incorporates numerous veto points to prevent unlawful or unconsidered actions, but it is not designed to paralyze the presidency.“</p>
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		<title>
		By: om		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802091</link>

		<dc:creator><![CDATA[om]]></dc:creator>
		<pubDate>Thu, 15 May 2025 11:25:59 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802091</guid>

					<description><![CDATA[An arrow aimed at the heart and black soul of the real beltway bandits; law firms and NGOs that thrive in Washington D.C. and the suburbs.  This is the power of &quot;environmental&quot; law and regulation: this is how &quot;Show me the man I&#039;ll find the crime.&quot; has been practiced.

There is a entire industry based on these laws and regulations, the other Leviathian, not orange, BTW.]]></description>
			<content:encoded><![CDATA[<p>An arrow aimed at the heart and black soul of the real beltway bandits; law firms and NGOs that thrive in Washington D.C. and the suburbs.  This is the power of &#8220;environmental&#8221; law and regulation: this is how &#8220;Show me the man I&#8217;ll find the crime.&#8221; has been practiced.</p>
<p>There is a entire industry based on these laws and regulations, the other Leviathian, not orange, BTW.</p>
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		<title>
		By: R2L		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802075</link>

		<dc:creator><![CDATA[R2L]]></dc:creator>
		<pubDate>Thu, 15 May 2025 03:45:09 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802075</guid>

					<description><![CDATA[Watt, my follow on comment to yours from the Open Thread applies here as well.
That will teach me to read Neo&#039;s blog in chronological order!!

Watt and T,
I agree that Congress should not be able or willing to write legislation that defers any law making equivalence to the executive branch agencies. And especially so for laws that designate criminal penalties and direct the executive agencies to define or develop the &quot;details&quot; on how or when a crime has been committed in response to &quot;their&quot; legislation.
Congress as an institution is no longer what our Founders envisioned it should be.

The decline of federalism is buried in this issue as well. I guess that decline really started with the Civil War? Or perhaps earlier with some folks desiring a national bank to aid their interstate commerce?  By the time the Progressives, the 16th and 17th Amendments, FDR, WWII, the Cold War, and the Great Society came along, the national government was bribing the states, which buckled under that onslaught to their sovereignty.]]></description>
			<content:encoded><![CDATA[<p>Watt, my follow on comment to yours from the Open Thread applies here as well.<br />
That will teach me to read Neo&#8217;s blog in chronological order!!</p>
<p>Watt and T,<br />
I agree that Congress should not be able or willing to write legislation that defers any law making equivalence to the executive branch agencies. And especially so for laws that designate criminal penalties and direct the executive agencies to define or develop the &#8220;details&#8221; on how or when a crime has been committed in response to &#8220;their&#8221; legislation.<br />
Congress as an institution is no longer what our Founders envisioned it should be.</p>
<p>The decline of federalism is buried in this issue as well. I guess that decline really started with the Civil War? Or perhaps earlier with some folks desiring a national bank to aid their interstate commerce?  By the time the Progressives, the 16th and 17th Amendments, FDR, WWII, the Cold War, and the Great Society came along, the national government was bribing the states, which buckled under that onslaught to their sovereignty.</p>
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		<title>
		By: Barry Meislin		</title>
		<link>https://thenewneo.com/2025/05/14/trump-is-attempting-to-reform-federal-regulatory-criminal-law/#comment-2802074</link>

		<dc:creator><![CDATA[Barry Meislin]]></dc:creator>
		<pubDate>Thu, 15 May 2025 03:41:34 +0000</pubDate>
		<guid isPermaLink="false">https://thenewneo.com/?p=141756#comment-2802074</guid>

					<description><![CDATA[Thanks Cornflour. 
That was stupendous!

(Gotta love that “defer to &lt;b&gt;REASONABLE&lt;/b&gt; agency interpretations”. Reasonable according to whom??! The “follow-the-experts” brigades? The “follow-the-science” comrades? Talk about Trojan horses…. They could have—WHAT were they thinking?—killed the Republic with that…. Almost did…and I’m not certain we’re out of the woods yet…)
- - - - - - - - 
Meanwhile (and perhaps related), 
Schwabbing the decks…
https://blazingcatfur.ca/2025/05/14/the-unraveling-of-the-king-of-davos/
https://blazingcatfur.ca/2025/04/27/klaus-schwab-the-last-davos-man/]]></description>
			<content:encoded><![CDATA[<p>Thanks Cornflour.<br />
That was stupendous!</p>
<p>(Gotta love that “defer to <b>REASONABLE</b> agency interpretations”. Reasonable according to whom??! The “follow-the-experts” brigades? The “follow-the-science” comrades? Talk about Trojan horses…. They could have—WHAT were they thinking?—killed the Republic with that…. Almost did…and I’m not certain we’re out of the woods yet…)<br />
&#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211; &#8211;<br />
Meanwhile (and perhaps related),<br />
Schwabbing the decks…<br />
<a href="https://blazingcatfur.ca/2025/05/14/the-unraveling-of-the-king-of-davos/" rel="nofollow ugc">https://blazingcatfur.ca/2025/05/14/the-unraveling-of-the-king-of-davos/</a><br />
<a href="https://blazingcatfur.ca/2025/04/27/klaus-schwab-the-last-davos-man/" rel="nofollow ugc">https://blazingcatfur.ca/2025/04/27/klaus-schwab-the-last-davos-man/</a></p>
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