The ATF Frame & Receiver Rule Has Been Vacated
BY Herschel Smith
1 year, 4 months ago
This slipped past me and I didn’t post on it, but the ATF frame and receiver rule has been vacated by judge Reed O’Connor. More specifically, this is the Vanderstok, et. al., v. Garland case.
This mostly affects folks like Blackhawk Manufacturing, Polymer80, and so forth, who manufactured the 80% lowers. But it’s a win for the 2A.
I’m willing to bet that the ATF will not appeal the decision, but we’ll wait and see.
On July 10, 2023 at 11:04 pm, Dan said:
And how many divisions does Judge O’Connor command to enforce his ruling?
Because I guarantee the criminals at BATFEces will continue their assault on
frames and receivers as part of their war on private firearm ownership.
On July 11, 2023 at 12:03 pm, Pat Hines said:
O’Connor vacated the ATF rule nationwide, not just in Texas. That means that all states have had their same or similar laws vacated, too.
@Dan: Judge O’Connor has the power of contempt of court, with the US Marshal’s Service as their army.
On July 11, 2023 at 1:29 pm, Archer said:
@Pat Hines: But how many judges are willing to take the step of sending U.S. Marshals to arrest, charge, and jail bureaucrats and federal agents for contempt of court?
My guess is, if the BATFE decides to ignore this decision and continue enforcing their unconstitutional rule, it will have all the teeth and consequences of Congress’ “contempt of Congress” charge against Eric Holder.
To whit: None at all.
On July 11, 2023 at 1:34 pm, scott s. said:
No, says nothing about state laws, such as our typical blue state “ghost gun” law. It is strictly about how Congress in the GCA defined “frame or receiver”. Specifically concerning “readily converted” and an “aggregation of parts”. It does not enjoin any law, rather the BATFE “final rule”.
On July 11, 2023 at 5:07 pm, Olguy said:
They’ll just use a different approach.
…They are what they are and Not what they are suppose to be.
They shouldn’t even BE..imo.
They are Murdering TAX Collectors that guise themself behind being LE.
Ain’t no changing them/or that.
On July 12, 2023 at 10:19 am, Archer said:
IANAL, but I believe scott s. is correct. The BATFE’s “Final Rule” was vacated because the BATFE was not given the authority to change the definition of “frame” or “receiver” passed by Congress. The Constitutionality of the rule (i.e. whether it violates the 2nd Amendment) was not determined because BATFE exceeding its authority was reason enough to vacate the rule (see bottom of page 23 of the decision: “Because the Court concludes that the ATF has clearly and without question acted in excess of its statutory authority, and that this claim is dispositive, the Court declines to address the constitutional questions presented.”).
We can debate whether Congress really has that authority another time; for the purposes of this discussion, Congress passed that law — including the existing definition of “frame” or “receiver” — so only Congress can change it.
The court decided (correctly, in my view) that BATFE exceeded its statutory authority in that the “Final Rule” substantively expands a definition beyond the language of a federal statute which would require an Act of Congress to change or expand, that such expansion irreparably harms the Plaintiffs and their interests, and that vacating the “Final Rule” is the appropriate remedy.
But that reasoning only applies to the BATFE’s “Final Rule”. It does not apply to state laws passed by state legislatures, no matter how similar.
On July 12, 2023 at 10:24 am, Dirk said:
The ruling changes nothing here, I don’t care what the atf or fbi or cia want, I’m done complying for the past dozen years. I understand the consequence of my actions, I’m willing to take my chances.
I don’t own anything not legal anyway. Why brace something when you can stock it? A gun to me is just a tool, a tool I carried daily at work for ooo27 years.
I quit carrying for a short time, but had to change my position with the way our nations going.
I hate carrying, I hate the responsibility that come with it, yet I’m not willing to wait ten minutes for the cops to arrive when shit happens in seconds. “ We” also carry additional2 mil, now insurance policies specifically related to this.