Is the ATF a violation in of itself against the American people?
As a federal law enforcement agency, the ATF does not arbitrarily restrict alcohol, tobacco, explosives, or firearms sales and proliferation in the United States. Rather, it enforces laws on the matter that are set by Congress, in accordance with the law, and its actions are subject to judicial oversight and restrictions: For instance, in accordance with the Fourth Amendment, ATF agents must have evidence of probable cause and obtain a search warrant from an impartial judge prior to executing a search of private property.

Given that the ATF's mandate is based on laws generally passed with strong bipartisan consensus by a democratically elected House and Senate, and signed into law by the President of the United States, and that it acts under judicial oversight and approval to enforce the law, there is little credibility to the argument that the ATF is "a violation in of itself against the American people".