Posted on 07/03/2023 3:50:57 AM PDT by CFW
A federal judge delivered a blow to the Biden administration’s gun control policy by reversing a federal ban on so-called “ghost guns” and argued that the ATF overstepped its authority.
Texas-based United States District Court Judge Reed O’Connor on Friday ruled that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) erred by saying that unfinished gun parts are guns and can, therefore, be regulated. His ruling said that parts aren’t guns under federal law.
“This case presents the question of whether the federal government may lawfully regulate partially manufactured firearm components, related firearm products, and other tools and materials in keeping with the Gun Control Act of 1968,” wrote O’Connor in his order (pdf). “Because the court concludes that the government cannot regulate those items without violating federal law, the court holds that the government’s recently enacted final rule … is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the court vacates the final rule.”
(Excerpt) Read more at theepochtimes.com ...
And here is an article by Cam Edwards at bearingarms.com
Is this reversal local or nationwide?
Local. It was a District (trial) court decision not a circuit (appellate) court decision.
But as long as we have a protected, entitled, dependent minority class of people, we'll always have out of control crime in metropolitan areas.
Yes, but does the decision apply nationally or not?
Hard to tell from the decision. The court vacated the rule but I don’t see that it issued a nationwide injunction.
Thank you. That’s what I was seeing as well.
“”Past time to deliver a “blow” to the ATF.””
Wasn’t it the elder Bush who called them, “jackbooted thugs.”?
Texas-based United States District Court Judge Reed O’Connor on Friday ruled that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) erred by saying that unfinished gun parts are guns and can, therefore, be regulated. His ruling said that parts aren’t guns under federal law.
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There are two problems with this ruling.
1. It was issued by a federal circuit judge and not a federal court of appeals. That makes it imminently appealable, and this president will appeal it.
2. It was a summary judgement, meaning that Judge O’Connor issued the ruling without hearing the case. That adds to it’s appealability. I think he was right to judge this case without hearing it. The 1968 law does not empower the ATF to regulate chunks of metal and plastic. It charters them to regulate firearms.
That said, the summary judgement speeds up the case against a garbage ATF ruling which stands to be enforced. The sooner it gets smacked down the better.
Summary Judgment is appropriate when a dispute is over the law, not over facts.
“Is this reversal local or nationwide?”
From what I can tell it applies nationwide.
Obviously it could be cited elsewhere, but does not establish controlling authority until the 5th Circuit of Appeals affirms, as the DOJ is already appealing.
There are literally thousands of laws that are based on an extremely broad interpretation of the interstate commerce clause.
No, the NRA called them that. In response, Bush 41 tore up his NRA Lifetime Member card.
Is that right? I remember the time and the quote but why I didn’t recall...Something about a piece of equipment on a gun???? I have the name of whatever that piece was right on the tip of my tongue. Boy - that goes back to early ‘90’s?
I must have been thinking about another headline around that time - still with something attached to weapons. ?????
You’re right - don’t mind being corrected even this late in life!
Words of truth and wisdom, FRiend !
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