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Posted on 08/12/2024 12:28:43 PM PDT by Blood of Tyrants
On August 9, 2024, the 8th Circuit Court of Appeals reversed the district court on a case in which numerous states and private parties challenged the ATF’s “pistol-brace” regulatory decision which attempted to reclassify items that it had previously approved as non-NFA “pistols” to NFA short barrel rifles. See, Firearms Regulatory Accountability Coalition, Inc., et al v. Merrick Garland, et al, No. 23-3230 (8th Cir. August 9, 2024).
The district court denied the request by the Plaintiffs for a preliminary injunction when the court concluded that the Plaintiffs were unlikely to succeed on the merits – that is, the trial court concluded that the Plaintiffs were unlikely to prove that the ATF’s regulation reclassifying the pistols that were equipped with stabilizing braces as NFA classified short-barreled rifles which required the payment of registration fees and also required federal database registration.
Noting that the ATF had in the past concluded that the pistols with stabilizing braces were not short-barreled rifles and that the only thing that had changed was the ATF’s interpretation, the 8th Circuit Court of Appeals rejected the district court’s reasoning and concluded that the Plaintiffs were likely to succeed on their arguments that the ATF’s actions were invalid, arbitrary and capricious. The Court of Appeals reversed the trial court for denying the preliminary injunction and remanded the case to the trial court for a determination on the scope of the injunction.
A significant aspect of this case is that the State of Tennessee is a co-plaintiff in the action and the grant of a preliminary injunction, depending on the scope, should include protections for those in Tennessee who otherwise were victimized by the ATF’s arbitrary and capricious conduct.
This ruling notes that a federal district court in Texas has recently “vacated” – that is, it declared void – this same rule effectively denying ATF’s ability nationally to enforce the rule while that opinion remains in force.
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More 2A news.
If there is ANY justice at all - we ought to be seeing about 90% of all “regulations” and “rules” across the alphabet agencies come crashing down. According to the Chevron Defense case - literally 100% of the “rules” and “regulations” established by these agencies, that are not explicitly spelled out in legislation/statute, are by default - unconstitutional.
Imagine - not only the ATF and their myriad of complicated rules and mandates - but the EPA - I’m waiting to support someone (or an entity) filing a lawsuit against the regulations at the EPA the mandate DEF/SCR/EGR on diesels, for example.
Cheveron ruling did more to harm elected representative government than anything I can think of.
More 2A news.
Yes, it should. All it takes is someone with standing and the money to pay for a trial.
Chevron was the nail in the coffin for this as well. Congress must define what is and is not a sbr not some agency bureaucrats. Sbr have been defined by law so expanding that would take another signed law from the legislature post chevron smack down.
For that matter, who gave the president the sole power to determine what the average vehicle mileage ought to be?
The Constitution was NEVER meant to give unelected bureaucrats to have the power that was meant for Congress alone. Even if Congress said that it gave the alphabet agencies the ability to do so, because Congress cannot so easily slough their responsibility onto the administrative state.
“Imagine - not only the ATF and their myriad of complicated rules and mandates - but the EPA - I’m waiting to support someone (or an entity) filing a lawsuit against the regulations at the EPA the mandate DEF/SCR/EGR on diesels, for example.”
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Each and every rule will need to be challenged in court, individually, by someone who has legal standing.
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This is good news. ATF should be ABOLISHED. DEFUND, DISSOLVE
and ABOLISH!!
Yep. But I look forward to the judicial backlog, as there are plenty of plaintiffs who have (or are currently) being persecuted under the many fake “laws” by these alphabet agencies.
NFA is the unconstitutional root of the problem. Let’s have the courts take that up.
SBR is the dumbest portion of the NFA “law”.
Q: What is the purpose to a stock?
A: To improve accuracy.
Q: Is accuracy an important part of shooting?
A: It is a fundamental part of shooting.
Q: Does adding a stock to a pistol make it easier to hide?
A: Are you stupid or what.
Q: So what is the difference between a pistol and an SBR?
A: A pistol is more concealable.
Q: So why is an SBR more dangerous?
A: You got me!
Between Bruen and Chevron, may the beast be put back in the box.
Sorry, should have said Loper rather than Chevron. Was talking about the effect of the overrule of Chevron.
Sorry, should have said Loper rather than Chevron. Was talking about the effect of the overrule of Chevron.
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