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Thanks to a disagreement between the FBI and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF), more than 2,000 guns were purchased in the past 15 years by people the FBI said should not have had them, according to a new report from the Office of Inspector General. This new report, which uncovered a loophole through which some of those deemed unfit to own firearms by the FBI can purchase them, puts a new scrutiny on the current laws, and how they're enforced. The FBI is responsible for running background checks on those purchasing guns. If the agency finds those buyers unfit, the responsibility to retrieve them falls on the ATF. But the two federal agencies disagree on who qualifies as a “fugitive from justice,” a label that prohibits prospective buyers from acquiring firearms, USA Today reports. While the FBI has considered anyone with an outstanding warrant to fall under the category, the ATF argues that prospective gun owners should be allowed to purchase firearms in the state where they have a warrant, but not in other states. The FBI sought to clarify the discrepancy by bringing the issue before the Justice Department’s Office of Legal Counsel. There, the agencies received “informal advice.” When the FBI requested a more formal ruling two years later, the counsel failed to render a decision, allowing the issue to persist some six years later. The report called for clarification on the “fugitive of justice” discrepancy to ensure proper enforcement of the law.
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An Amish family in Pennsylvania must connect to its local municipal sewer system, even though it would require the use of an electric pump, which goes against the family's religious beliefs. A Jan. 5 opinion by a divided Pennsylvania Commonwealth Court finally ended the five-year legal battle. The court agreed with a lower court ruling that ordered the Yoder family to connect to the municipal sewer system. The Yoder family argued that use of electricity violates its religious convictions. The family has used an outhouse - an "old-fashioned privy" - that did not require running water or electricity. But Sugar Grove Township requires residents with properties that abut the sewer system to connect to it at the owners' cost. The ruling addressed whether the Yoders could connect to the system without use of an electric pump. The court ruled that that using an electric pump was the "least intrusive means" of connecting to the sewer system. In a dissenting opinion, Judge Patricia McCullough expressed concern with the ruling, saying there were other ways of disposing of sewage in a sanitary way that would not infringe upon the Yoder family's religious rights. That's a concern shared by Sara Rose, a senior staff attorney with the American Civil Liberties Union. "They didn't consider the other ways that the government could have achieved its ends," she said. She also said the decision unduly put the burden on the Yoders.
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