Notes from the Resistance
The brief recalls how Congress enacted the Gun Control Act of 1968 pursuant to the Commerce Clause with no intention of discouraging or eliminating the private ownership or use of firearms by law-abiding citizens for lawful purposes. [More]
That’s not how the bill’s author felt:
ALL “gun control” is just another incremental step to the end goal– citizen disarmament. We don’t do ourselves any favors by believing otherwise and arguing that in court.
The Fifth Circuit panel ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Final Rule is illegal. Circuit Judge Kurt D. Englehardt wrote, “An agency cannot label conduct lawful one day and felonious the next—yet that is exactly what ATF accomplishes through its Final Rule. Accordingly, the judgment of the district court is AFFIRMED to the extent it holds unlawful the two challenged portions of the Final Rule, and VACATED and REMANDED as to the remedy.” The case is known as VanDerStok v. Garland. [More]
A Justice Department that was true to the Constitution would be enforcing rights and punishing government transgressors.
Justices grant four new cases, including Chevron companion case [More]
So I might get my bump stock back?
[Via Jess]
In Vanderstok federal case involving challenges to ATF’s rulemaking concerning Biden’s Ghost Gun regulations redefining frames and receivers, the Fifth Circuit Court of Appeals agreed to uphold the lower court’s preliminary injunction pending the outcome of this lawsuit. [Watch]
There’s still a way to go, but for now, it’s the antis that are set back.
Tangentially-Related UPDATE
THIS KEEPS GETTING WORSE: Anti-Gun 9th Circuit Judges Playing Games With the 2nd Amendment [Watch]
Judicial Nazgûl continue to circle…
[Via Jess]
Mark W. Smith appreciates the directness.
The district court judge in our lawsuit challenging the ATF’s “frame or receiver” rule granted Defense Distributed and 80 Percent Arms’ motions for injunction pending appeal, meaning it can’t be enforced against them while the case continues. [More]
If Founding Intent were applied to everything, the whole damn fraudulent house of cards would collapse.
[Via bondmen]
The Second Amendment Foundation and its partners in a challenge of the “Final Rule” issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives redefining frames and receivers as firearms, have filed an appellee’s brief in the case, known as VanDerStok v. Garland. [More]
There’s a word for a government that can just assign itself new powers when it feels like it.
Today’s SCOTUS vote putting a hold on O’Connor’s block shows a Bruen Second Amendment majority does not necessarily reflect across-the-board solidarity on the separate issue of regulatory authority. And at least one of the votes is no surprise. [More]
Think of one job you’ve applied for where you’d have gotten it if you decided to play coy with the hiring managers.
Supreme Court temporarily reinstates ban on “ghost guns” [More]
I submitted an AmmoLand article centered on the Roberts/Barrett punt.
FPC AND FPCAF WIN: Fifth Circuit Denies Government Attempt to Reinstate ATF’s Redefinitions of “Frame or Receiver” and “Firearm” [More]
So what about the government’s ability to redefine bump stocks as machineguns and when will all this legal gobbledegook translate into getting my property back?
[Via Jess]
[Via Jess]
SAF FILES MOTION TO INTERVENE IN CHALLENGE OF NEW GOV’T. ‘FIREARM’ DEFINITION [More]
I posted the release in its entirety on my WOG Placeholder blog because I didn’t see it appearing on the SAF News page yet, and if I don’t address this now I’ll never get back to it– check there for all case announcements to see how many actions they’re involved in and what they’re doing.
PLEASE TAKE NOTICE that Defendants Merrick Garland, in his official capacity as Attorney General of the United States; Steven Dettelbach, in his official capacity as Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the United States Department of Justice; and ATF hereby appeal to the United States Court of Appeals for the Fifth Circuit from the Court’s Opinion & Order on Scope of Preliminary Injunction entered on October 1, 2022… [More]
Of course they’re not giving up on unconstitutionally claiming authority to impose frame or receiver infringements. They enjoy unlimited resources.
FPC has the entire case with filings and orders indexed for us.
[Via Jess]
Man makes $21,000 selling 3D-printed guns during NY AG gun buyback program [More]
You can bet they’re furiously looking for some way they can ignore “no questions asked” and arrest him.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is issuing this open letter to further assist the firearms industry and the public in understanding whether a “partially complete, disassembled, or nonfunctional” receiver of an AR-15/M-16 variant weapon has reached a stage of manufacture such that it “may readily be completed, assembled, restored, or otherwise converted” to a functional receiver, and is therefore classified as a “frame or receiver” or “firearm” in accordance with the final rule titled “Definition of ‘Frame or Receiver’ and Identification of Firearms (Final Rule 2021R-05F), which became effective August 24, 2022. [More]
At least until they change the rules again.
[Via Jess]
Because the parties contest the utility of a completed classification request, the Court DENIES Defendants’ Motion and CLARIFIES that the current injunction precludes Defendants from concluding its classification determination with respect to Tactical’s product. [More]
My legally unqualified two cents: This is a hopeful development and it has the potential, in the end, to stop a lot of the Constitutionally-unauthorized tyrannical rule nonsense in its tracks, but it only applies to this limited case and there’s still a long way to go.
[Via Jess]
The Second Amendment Foundation (SAF) and Defense Distributed have teamed up to sue the State of California over its ban on CNC machines used for producing unserialized firearms and a law letting the State recover attorney fees from plaintiffs and their lawyers. [More]
You get the feeling that the state, with virtually unlimited resources, is forcing the gun groups to expend all of theirs on lawsuit after lawsuit, counting on exhausting and wearing them out until they’ve got nothing left to punch with.
[Via Jess]
ATF has posted the following corrections to the Final Rule which appeared in the Federal Register on April 26, 2022. The Final Rule, with these corrections, is effective in two days, August 24, 2022. This set of updates provides technical corrections to the Final Rule. [More]
What do you think the Founders would have had to say about this?
ATF’s New “Frame or Receiver” Rule – What You Should Know — Part 3 — [More]
This is the last installment. It has links if you missed the first two.
FPC Files New Lawsuit Challenging ATF “Frame or Receiver” Rule [More]
ATF knows they’re in the wrong. But what do they care? They’ve got unlimited plunder to tap into and none of them will face any personal repercussions.
And some of us don’t think Congress has legitimate authority to do this, either.
[Via Jess]
