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According a memorandum he published to X, the Acting U.S. Attorney for the District of Columbia has ordered the Assistant U.S. Attorneys (prosecutors) in his district to pursue every firearm related charge referred to them, and to seek pretrial detention (imprisonment) and appeal every denial of pretrial detention for a wide swath of charges. While at first glance this might seem like a “tough on crime” move, it is dramatically overbroad and runs a high risk of sweeping up everyday firearms owners who flew a little too close to the sun.
Take for example my articles from just two years ago relating to “Operation Reticent Recall” and ATF enforcement efforts against solvent trap and forced reset trigger products. If you recall, ATF took the position that certain products which had been manufactured and sold openly through regular commercial channels were unregistered silencers and machine guns, and sent thousands of Warning Notices to people who had done nothing other than (allegedly) purchase those products, stating that such purchases and possessions were in violation of federal law.
Now, knowing the AUSA’s are required prosecute every single referral for a firearm charge, imagine that instead of sending Warning Notices to consumers, ATF just sends referrals to the US Attorney’s Office. It wouldn’t even need to be ATF, it could be state authorities or local law enforcement that send the referrals. Not only are they going to file charges, they are going to seek pretrial detention without regard for whether you actually pose a flight risk or a danger to the community.
Right now, this policy only applies to the AUSA’s under the direction of the Acting U.S. Attorney for the District of Columbia, and hopefully this policy will be narrowed, walked back, or quietly disappear, but if it spreads to other districts, the effects could be catastrophic.
If your state or federal constitutional rights have been violated, contact FICG today to discuss your options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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