ATF receiver rule vacated

[Moonpie]

 

[S13]

BREAKING NEWS: ATF's Frame/Receiver Rule VACATED!!!

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Now please do pistol braces.

 

[smittyb]

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.”

 

[DoubleDuty]

Great news now the ATF needs to be vacated

 

[DoubleDuty]

Next rid us of the NFA and GCA

 

[jrbfishn]

All three at once would be nice.

Sent from my SM-S906U using Tapatalk

 

[Geezer]

The best part:

 

[John Sam Rayburn]

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.

 

[smittyb]

I have said it before and I’ll say it again.
If you want to monetarily support a gun rights organization, Firearms Policy Coalition is out here doing the lords work.

 

[kbaxter60]

I've decided to believe the Vacation means I can install full-auto trigger packs in all my semi-autos.

No, I think it means that I can order up a few AR-15 lower receivers and don't need to trouble myself with involving an FFL.

 

[Geezer]

It means that 80% lowers are OK. It means that the ATF doesn't have the authority to deem 80% lowers illegal.

 

[Tnhawk]

All three at once would be nice.

Sent from my SM-S906U using Tapatalk

Most 3 letter agencies need to be vacated

 

[benenglish]

Redundant threads merged.

 

[Darkpriest667]

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]

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.

 

[oldag]

So the ATF can't regulate bar stock and aluminum ingots.

 

[TheMailMan]

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.

That's not what it says.

It's covering items that AREN'T receivers. Like 80% stuff.

 

[TheMailMan]

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.

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]

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.

Machined lowers with a serial number are still regulated

 

[Renegade]

None of these articles say what the heck the "Frame & Receiver Rule" is.

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...

www.atf.gov