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 ...
"The former president, who knew an agent slain at Waco and another in Oklahoma City, flared: 'Your broadside deeply offends my sense of honor and decency ...'"
I dont understand how a nationwide rule is blocked only locally. Something seems ‘unequally protected’ in that case. Need a lawyer to explain it to me.
The only reason it sticks in my mind is from a newspaper clipping we had on the wall in our hangar at John Wayne Airport about the equipment and the discussions going on at that time. The name of it will come to me - probably in the middle of the night. My husband passed away 2 years ago so I can’t ask him.
Have you ever known a pilot who wasn’t also into guns?
Got it - and it didn’t come to me in the middle of the night. A “sear” - I remembered an “s” but nothing else. Hey - Prevagen works. It may take a minute or two but it’s there. I’ll go back and google it...
This is it but I don’t remember WHY it was controversial enough to make the news!
https://en.wikipedia.org/wiki/Sear_%28firearm%29
“”An auto sear — the most common automatic conversion device — transforms a semiautomatic gun into a weapon capable of emptying an entire magazine …””
Was this the controversy?
Incorrect. Federal district courts often grant nationwide relief that extends far beyond the parties to the local lawsuit, particularly for liberal causes. The court in this case vacated the ATF rule at issue; rather, than issuing an injunction limited to plaintiffs in the lawsuit. Therefore, in my opinion, the court's decision applies nationwide because the rule at issue has been vacated and no longer exists to enforce. From the court's opinion and order:
Defendants argue that any vacatur should only be applied to the parties before the Court while citing no binding authority in support. But such a remedy is more akin to an injunction that would prohibit the agencies from enforcing their unlawful Final Rule against only certain individuals. And indeed, “[t]here are meaningful differences between an injunction, which is a ‘drastic and extraordinary remedy,’ and vacatur, which is ‘a less drastic remedy.’” Id. at 219 (quoting Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 165 (2010)) (assuming the availability of vacatur under the APA)). “[A] vacatur does nothing but re-establish the status quo absent the unlawful agency action. Apart from the . . . statutory basis on which the court invalidated an agency action, vacatur neither compels nor restrains further agency decision-making.” Id. at 220. Thus, the Court applies the default remedy and VACATES the Final Rule on grounds that the agency acted beyond the scope of its legitimate statutory authority in promulgating it."
I actually pay for the epoch times. It’s appears to be the one source of real news available, so I support them for that.
Does this mean we can buy lower and upper receivers without a background check?
“I actually pay for the epoch times.”
I do as well. It’s the only site I have a paid subscription with since it is about the only place I’ve found that reports facts in a straight-forward manner. They also report on issues that other news outlets ignore and dig a little deeper into subjects even on widely-reported stories. I’m willing to pay for that type of quality reporting.
But does the decision apply to anyone other than the plaintiffs apart from a national injunction?
It should. Why? Because the court vacated the ATF rule in question and therefore the rule no longer exists and cannot be enforced against anyone else.
I seem to recall that someone was selling the drilling jigs and parts to convert AR’s to full auto. Did they make it extra-double-illegal or something?
The OKC Bombing was done by the fedz themselves.
GHWB was head of the CIA, a jack booted thug himself.
Skull & Bones Poppy.
And they hid the Mid East guy that was part if it.
Didn’t they call him John Doe # sumpthing...1 or 2?
Wanted to blame it completely on crazy white guys.
I have a ghost sword.
It is an old plow I have out in the barn.
If "gun parts" can be considered to be "guns" ...
Then a "fetus" can be considered to be a "baby".
Doe 2
Speaking of the NRA,
“NRA Sues Biden Admin Over ‘Unlawful’ ATF Final Rule on Pistol Stabilizing Brace”
“The National Rifle Association (NRA) on Monday intervened in a legal challenge against the pistol brace rule implemented by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The rule, which went into effect on June 1, is designed to regulate pistols with stabilizing braces, which make it easier to shoot a handgun with one hand.
The NRA seeks to intervene in the Texas lawsuit in order to protect its members and defend their freedom from the regulation known as the “Factoring Criteria for Firearms with Attached ‘Stabilizing Braces.’””
Thanks - really old and retired here also. The NRA needs to stay on top of all this nonsense!
Did you see this earlier - I believe on FR? Priceless.
https://www.youtube.com/watch?v=bllex34lc9w
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