Texas Federal Court Finds Partial Frames & Receivers are NOT Firearms

AmmoLand ^ | July 12, 2023 | Dean Weingarten

[marktwain]

The ATF’s attempt to expand the definition of a “frame or receiver” of a firearm has been deemed UNLAWFUL by a TX District Judge.

• The ATF CANNOT change the definition of a firearm without congressional approval & points out the language omitted by Congress regarding frames & receivers.
• The judge argues there is a CONTRADICTION OF LOGIC in ATF’s argument that distinguishes between weapon parts kits & fully assembled weapons. During the Biden administration, the ATF has worked to vastly expand the definition of what a “frame or receiver” of a firearm is. On June 30, 2023, Texas District Judge Reed O’Connor vacated the ATF “Final Rule” on frames and receivers.  From the order p. 3:

  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. 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, Definition of “Frame or Receiver” and Identification of Firearms, 87 Fed. Reg. 24,652 (codified at 27 C.F.R. pts. 447, 478, and 479), is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the Court vacates the Final Rule.

  The order does not accept the argument that the ATF can change the definition of a firearm without congressional approval. The order shows Congress could have used the language the ATF now prefers, but Congress did not. From the order p. 27:

  As this Court has previously discussed, the definition of “firearm” in the Gun Control Act does not cover all firearm parts.

[marktwain]

The opinion reminds one of Ayn Rand. An object cannot be both A and not A.

[catman67]

Tell that to Schroedinger’s cat!

[logi_cal869]

Well, at least one court demonstrably has more than half a brain.

[If You Want It Fixed - Fix It]

You mean to tell me a homeless guy with a wheel barrow of bricks is in fact,STILL HOMELESS all the same?

Sheeet. Unbelievable. We need a court to sort this out.

[CodeToad]

“Tell that to Schroedinger’s cat!”

That is a philosophical idea that if you do not know then it can anything. This is factual physical items, things we do know.