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More 2nd Amendment related articles on FR's Bang List.
Perhaps someone with a better knowledge of the ATF’s statutory authority can answer this, but could that agency be challenged on the same basis that the EPA was challenged in the courts (and lost) about their authority to invent regulations?
Every, “Assault Weapon,” ban, every, “Red-Flag,” law, every, “Safe Gun Roster,” every magazine restriction, every ban on concealed carry anywhere, every law or ordinance that violates the opinion of the SCOTUS’s Bruen case needs to be followed swiftly by lawsuits.
I have been waiting for this. With the bruen ruling requiring strict scrutiny for anything relating to the second amendment I expect the courts to invalidate the batfe rules.
Their “rule change” is beyond their powers. Congress has written a LAW defining a frame or receiver You cannot change the law with an administrative rule change.
WV v EPA will be the basis for overturning this.
When you hand power to anyone, even if in the context of them having a limited tenure as a public servant (which is what all elected offices in America are supposed to be) you have to have a way to ensure that they do not abuse that power. When politicians and office holders forget that they serve for a limited time and at the pleasure of the citizens they serve, they become a threat to the personal freedom of the citizenry. The citizenry needs to have a way of protecting their personal freedoms.
This is particularly important when the citizenry have reason to mistrust the voting process, and when the ‘one person one vote’ paradigm falls victim to those who can appropriate an election with their personal money and influence (e.g. Soros, the entertainment industry, Gates, Zuckerberg, etc.).
I don’t see any reason they can’t do this. I mean under Trump they arbitrarily decreed bump stocks illegal after specifically stating that they were legal for years. People were okay with that. Apparently they can just make up the rules as they go along.
I would expect the writer of an article about firearms to know the meaning of “ordnance” versus “ordinance “. My expectations are not always met.