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Pistol

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Week 2 Homework – GM520

1. State the administrative agency that controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you, or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers, and (b) a copy of the proposed regulation you used for this assignment. (10 points) Department of Justice (DOJ) – Being from Texas where there is no secret about one’s personal firearms, I found interest in this topic because of the many people I know that own firearms. This proposal will have an affect on many Americans depending on what state you are in. 2. Describe the proposal/change. (10 points) The purpose of the proposal is to identify the definition of a “pistol”. Determining the definition will establish carrying permits and regulations for each state. 3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) As a Texas native, I have many friends and family who own firearms that are unsure about the definition of the “pistol”. Understanding what constitutes a pistol will help firearms owners across the country determine which firearms are legal in different locations. Millions of dollars are spent every year on firearms in the U.S., many don’t know if they are buying pistols or other kinds of firearms. Determining the definition will also ensure which weapons can be taken to selected gun ranges around the country. 4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points) This proposal expires on 12/1/2014

5. a) Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.) After the proposal has been submitted to the Department of Justice, the proposal now stands in the agenda stage of rulemaking. The process controlled by the Department of Justice is now done in stages. In all of the next stages, the public will be given the freedom to comment. After the deadline date for comments have been expired, the proposal is published by the Federal Register for further commenting within a 30-day period. If there were parties who made comments during proposal process, they have the right challenge the rule in court. After the comment period has concluded, there are three choices that can be made for the proposals rule. 1. Adopt to the rule. 2. 2. Modify the proposed rules and go through the process of public comment. 3. 3. Withdraw from the rule.

b) If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court. First, it must be determined that the proposal is arbitrary, capricious, discretion, or in violation of some other law. This kind of standard generally is applied to informal rulemaking and requires the group or agency to show evidence to support the proposal. Lacking evidence labels the proposal arbitrary and capricious. Secondly, challenging a group’s proposal must be represented by substantial evidence. The capricious and arbitrary must require some proof for the regulation. Substantial evidence must exist for the regulation to stop the proposal. A third ground to challenge an agency or group’s regulation infers the rule of the proposal may be put aside if the necessary steps are not taken. The procedures of regulation must be constructed for the regulatory process and resulting rules to be valid. Fourth, the regulation can be challenged if the proposal is unconstitutional. The regulations based on unconstitutional grounds give the group or agency authorization to search records. Finally, regulation can be challenged if the court feels the proposal is out of their power. The Latin term, “ultra vires” defines these situations. Most groups propose regulations within their authority, but if they try to alter the proposal in any way it can be ultra vires. c) Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned, and why?

I believe challenging the firearms proposal would best be addressed through the second challenge presented. The Department of Justice would probably need more substantial evidence. With so many innovation to firearms today, substantial evidence needs to be presented to establish the true definition of a “pistol”. The evidence would require the exact details of what a pistol is describe as today.

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