Federal District Court in Texas vacated the ATF’s recent Regulation on What constitutes a Frame and Receiver in a scathing rebuke of recent ATF Rule making… Basically, in his 38 page ruling the Judge stated that if the Frame or Receiver in question is ,not capable of operating in a completed Firearm, at the time of inspection, it can’t be classed as a FireArm, PERIOD. He also took ATF to task for their assertion to the court, that since ATF has regulated “Parts and Assessories” in the past, that they have jurisdiction over them now. The Judge stated clearly in his ruling, that just because they got away with such regulations in the past, and never got called on it, does mean they can try and do so, now or in the future. The Administrative Procedures Act is still the Law of the Land, and ALL Executive Branch Actions must abide by that Law, PERIOD…. I am sure that DOJ will appeal this Ruling to the the Federal Fifth Circuit Court of Appeals, and ask for an stay of this Ruling, while the case is under Appeal, however the Fifth Circuit is already hearing a few other 2nd Amendment Cases, and has shown in those cases, to not be sympathetic to such proposed Stays… Another Case to watch, coming out of Texas…
The key word here is VACATE, and this is just the start! I have long held that the 2nd needed a FULL accounting, and it looks like we might be getting it finally! Settle this bullshit once and for all, and while the left screams bloody murder, that's just fine, let them, in the end, they don't matter anymore when they cannot take our rights any more, and are now forced to give them back!
Nice to see an over-reaching federal agency with NO authority to create laws get their butts spanked. Hope this continues. Other states need to do the same.
It is long overdue to have some judges with common sense strike some of this crap down. A friend was almost bankrupted to avoid doing 10 years over a 'suppressor" part which was an empty tube with 1/2-28 threads on one end and the other end open. His dad made it back in the 60's for some reason unknown. Someone saw it and called it in. In 1975 in the 5th grade, my best friends dad went to prison. He was a truck driver and on his ring of keys was the bosses key to the shed at the bosses house which contained an M-16 and a Sten, My friends dad caught 5 years for conspiracy because that key was on the key ring. Parts are not guns. An auto sear is not a gun. A suppressor or a pistol grip isn't a gun. Owning a short barreled upper receiver is not intent. It is past time for some of this stupidity to end and someone to reign in this bunch of Gestapo thugs who make rules and enforce them as law. I truly can't fathom how it ever got to this point.
The Leftist play the long slow methodical game and center and right play the surprised reactionary game.
Just an update, here: So far the DOJ, has NOT filed. an Appeal of the Federal District Courts ruling, vacating the Regulation in dispute, in this case, to the Federal Fifth Circuit Court of Appeals… I was under the understanding that it would be appealed at the first available moment, but apparently USAG Garland, is taking his time, in getting the Appeal filed, with the best language they can come up with…. The Second Amendment Foundation, and other plaintives, released a statement late last week, stating they were prepared to litigate this case, clear up to the Supreme Court, if necessary, to secure a Win of this case.. The Federal Fifth Circuit Court of Appeals already has a few other Second Amendment Cases before it, they seem to be not in the mood to grant injunctive relief to the The Government on any of these cases…
Update from Three Judge Panel of Federal Fifth Circuit Court of Appeals… The panel turned down the DoJ/BATFE appeal of the District Courts Vacate in the Frames & Receiver Final Rule… The Court let stand the vacation of the Two Contested Parts of the Final Rule, because they wrote that the government did NOT demonstrate that they, the defendants, would likely prevail during the adjudication of the case, on it’s merits… The uncontested Parts of the Final Rule are granted a Stay, while the Appeal plays out, in the Appeals Process…The defendants (DoJ/BATFE) have ten days to appeal this to the enbanc Fifth Circuit Court, or to SCOTUS, before this ruling goes into effect… During that time, the TOTAL Vacate Ruling of the District Court stays effective… SAF won, We the People won, again.. Stay tuned for further action….
Shipping containers full of tubes with 1/2-28 threads on one end are sold in the US every year. A metal tube with 1/2-28 threads is commonly referred to as a "fake silencer".
News update: The enbanc Federal Fifth Circuit Court of Appeals dealt SlowJoe/Eric Garland another blow on the Pistol Brace Final Rule today, and sent the case back to the Federal District Court after ruling on the MANY Violations of the Administrative Procedures Act, and noted that the Plaintives were likely to prevail when the case is adjudicated on it’s merits, which is now ordered to happen within 60 days.. Thank You Texas and all those that supported this Suite…
New update: As of yesterday the Supreme Court in a 5-4 Emergency Ruling Stayed the Vacated Nationwide FRAME & RECEIVER Regulation from ATF, and This puts the Regulation back in force, and remands the case back to the Federal Fifth Circuit Court of Appeals, which is scheduled to hear Oral Arguments, on the Merits, next month. That Court has already stated that with the Hellar, McDonald, and Bruen SCOTUS Precedents in place, that the plaintives will likely win on the merits. So at this point we are stuck with this BS AGAIN, until the Fifth Circuit rules, like maybe six months or so… Just to be clear Roberts and Barrett switch sides and ruled for the Stay..
