ATF receiver rule vacated
- Thread starter Moonpie
- Start date
BREAKING NEWS: ATF's Frame/Receiver Rule VACATED!!!
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Now please do pistol braces.
FORT WORTH, TX (June 30, 2023) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced that a federal judge has granted summary judgment for the plaintiffs in VanDerStok v. Garland, vacating the ATF’s “frame or receiver” rule and preventing the federal government from enforcing it. The opinion can be viewed at FPCLegal.org.
“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 Federal District Court Judge Reed O’Connor in his Order. “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.”
“We’re thrilled to see the Court agree that ATF’s Frame or Receiver Rule exceeds the agency’s congressionally limited authority,” said Cody J. Wisniewski, FPCAF’s Senior Attorney for Constitutional Litigation and FPC’s counsel in this case. “With this decision, the Court has properly struck down ATF’s Rule and ensured that it cannot enforce that which it never had the authority to publish in the first place.”
“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 Federal District Court Judge Reed O’Connor in his Order. “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.”
“We’re thrilled to see the Court agree that ATF’s Frame or Receiver Rule exceeds the agency’s congressionally limited authority,” said Cody J. Wisniewski, FPCAF’s Senior Attorney for Constitutional Litigation and FPC’s counsel in this case. “With this decision, the Court has properly struck down ATF’s Rule and ensured that it cannot enforce that which it never had the authority to publish in the first place.”
DoubleDuty
TGT Addict
Great news now the ATF needs to be vacated
DoubleDuty
TGT Addict
Next rid us of the NFA and GCA
John Sam Rayburn
Active Member
None of these articles say what the heck the "Frame & Receiver Rule" is.
I've decided to believe the Vacation means I can install full-auto trigger packs in all my semi-autos.
I've decided to believe the Vacation means I can install full-auto trigger packs in all my semi-autos.
Redundant threads merged.
If this goes to SCOTUS and is ruled as lowers are not firearms.. that makes things really interesting, what mechanism actually is a firearm? In my opinion its not a firearm until it's a completed device.
toddnjoyce
TGT Addict
Having read the District Court’s opinion & judgement, this judge stated ATF’s logic of their authority to write a CFR definition that is not consistent with the GCA and NFA is fatally flawed.
The judge effectively stated ATF’s rulemaking and DOJ’s defense of ATF’s rulemaking is incompetent.
This may portend well for the brace/SBR rule challenges.
The judge effectively stated ATF’s rulemaking and DOJ’s defense of ATF’s rulemaking is incompetent.
This may portend well for the brace/SBR rule challenges.
TheMailMan
TGT Addict
That's not what it says.
It's covering items that AREN'T receivers. Like 80% stuff.
TheMailMan
TGT Addict
Exactly, this ruling, if upheld, means that the ATF, or any other agency, can't go outside the laws set by Congress.
This would also cover Forced Reset Triggers.
DoubleDuty
TGT Addict
Machined lowers with a serial number are still regulated
Definition of “Frame or Receiver” and Identification of Firearms | Bureau of Alcohol, Tobacco, Firearms and Explosives
On April 11, 2022, the Attorney General signed ATF final rule 2021R-05F, Definition of “Frame or Receiver” and Identification of Firearms. The goal of the final rule is to ensure the proper marking, recordkeeping, and traceability of all firearms manufactured, imported, acquired and disposed by...
