David Codrea breaks another story: "ATF claims Administrative Procedures Act exemption for proposed ammo ban notice."

A spokesperson for the Bureau of Bureau of Alcohol, Tobacco, Firearms and Explosives told Gun Rights Examiner Wednesday afternoon that ATF’s recent ammunition ban proposal is not required to be published in the Federal Register. That claim was in answer to a query after determining ATF’s notice does not appear in the government’s official journal, and further noting a Wednesday Reuters report that a tangentially-related lack of rulemaking publication was given by a Texas judge as his reason for blocking the Obama administration’s “immigration overhaul.”

That the proposed “interpretation” affects a considerable segment of the ammunition market and falls well within considerations of public interest is indisputable. Also in the public interest is the ability of affected parties to read comments submitted to date, so that arguments necessary for knowledgeably commenting on the issue are available for those wishing to add constructive inputs of their own. Additionally, but of unknown significance, is the documented reality that justification for the proposed rule cannot be based on a currently-low violent crime rate, nor on any cited evidence supporting the contention that the ammunition affected poses a special danger to law enforcement.