Posted on 09/19/2022 4:56:42 AM PDT by marktwain
Two different federal courts, in two different Circuit Courts of appeal, have refused to grant preliminary injunctions against the implementation of the ATF “Final Rule.” The Final Rule completely changes the definition of a firearm in Federal law.
On August 23, in the United States Court for the Eastern District of North Dakota, in the Eighth Circuit, Judge Peter D. Welte refused to grant a preliminary injunction against the massive changes to federal law proposed in the “Final Rule” put forward by the Biden Administration, through the ATF.
On August 24, 2022, the District Court for the Galveston Division of the
Southern District of Texas, in the Fifth Circuit Court of Appeals, refused to grant a preliminary injunction, against the Final Rule, in a case brought by Division 80, LLC.
Thus, the Final Rule went into effect on August 24, 2022. Enormous parts of the firearms industry and the nation are now in turmoil, trying to figure out what the Final Rule actually means.
In practice, the Final Rule appears to give the ATF the arbitrary ability to label any set of tools, parts, and information that make the private manufacture of a firearm easier than a firearm itself. There is a beautifully argued brief, which includes the arguments from Bruen, sent to the Court on July 27, 2022. Judge Welte ignores most of the arguments.
In North Dakota, Judge Welte, at the beginning of his order, frames the case this way:
On April 26, 2022, in response to evolving technical advances in firearms technology, the Bureau of Alcohol, Tobacco, Firearms and Explosives (the “ATF”) promulgated a final rule updating decades-old definitions within its longstanding regulations of federal firearms laws.
(Excerpt) Read more at ammoland.com ...
Should be: manufacture of a firearm easier, a firearm itself
Bkmk
The Final Rule does not infringe on any individuals’ or business’ ability to completely manufacturer a firearm for personal use,
It is arguable that no firearm has ever been “completely manufactured” by an individual.
Someone else mined the iron ore and refined it into steel. Someone else made the bricks to build the forge to weld the earliest barrels. Someone else sold the milling machines and/or drill presses. Someone else refined the saltpeter and sulfur, and charcoal to make the gunpowder.
Judge, it is arguable that no law has ever been “completely manufactured” by an individual.
” decades-old definitions within its longstanding regulations of federal firearms laws”
Isn’t THAT the problem? an Agency essentially creating law without Congress?
Agency “regulation” of federal law is a funny way of saying, we can do whatever we want.
SCOTUS says you can’t- Both Judges in this matter are simply wrong.
With this SCOTUS, yo7 would think they would not rock the boat. Hopefully SCOTUS takes seriously “shall not be infringed”.
Another Federal agency making it’s own laws.
“Someone else mined the iron ore and refined it into steel. Someone else made the bricks to build the forge to weld the earliest barrels. Someone else sold the milling machines and/or drill presses. Someone else refined the saltpeter and sulfur, and charcoal to make the gunpowder. “
So why not regulate those and carry a serial number via assay on them?
I thought congress made laws and the scotus decided on the constitutionality of that law. Hmm? Did we just have a nov2020 coup and elimination of the constitution? Seems like it.
Yes. Sigh. Another slapdown is needed for these toadstools.
Nobody ever pushes back on the ATF, they just roll over.
David Koresh didn’t roll over. Look what that got him! /s
They changed the rules on him.
Exactly
Serious question.
What is the point of the ATF now? I mean, they are letting violent recidivist criminals out of prison to commit crimes again and again using guns. Known criminals were caught on camera selling guns out of the trunks of their car in Portland.
Yet I al supposed to worry about a “final rule”?
The foremost purpose of a bureaucracy is the survival of the bureaucracy.
The purpose of the ATF is to keep the ATF going.
Why do we keep spending 1.4 billion dollars a year on the 5,000+ employees at the ATF?
Mostly, to preserve the illusion that Federal control over gun transactions is useful and serves some purpose for the common good.
It is hard to argue this with a straight face.
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