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FPC and GoA are the gun rights organizations that NRA always claimed to be (but never was). I'll be donating again in the AM.
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FPC link since twitters not working for me
https://www.firearmspolicy.org/fpc_and_fpcaf_win_federal_judge_vacates_atf_s_unlawful_frame_or_receiver_rule |
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I’m on record as saying this would not happen. I’m really glad to be proven wrong.
May I have my crow with barbecue sauce please |
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Quoted: No Frame & receiver rule. View Quote 80% all the things! Attached File Attached File Attached File Attached File Attached File |
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so this means i can build a short barrel rifle with out paper work!!
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Good ruling
In sum, there is a legal distinction between a weapon parts kit, which may be an aggregation of partially manufactured parts not subject to the agency’s regulatory authority, and a “weapon” which “may readily be completed [or] assembled . . . to expel a projectile.” 18 U.S.C. § 921(a)(3)(A). Defendants contend that drawing such a distinction will produce the absurd result whereby a person lawfully prohibited from possessing a firearm can obtain the necessary components and, given advances in technology, self-manufacture a firearm with relative ease and efficiency.86 Even if it is true that such an interpretation creates loopholes that as a policy matter should be avoided, it not the role of the judiciary to correct them. That is up to Congress. And until Congress enacts a different statute, the Court is bound to enforce the law as written. * * * * Because the Final Rule purports to regulate both firearm components that are not yet a “frame or receiver” and aggregations of weapon parts not otherwise subject to its statutory authority, the Court holds that the ATF has acted in excess of its statutory jurisdiction by promulgating it. 4. Remedy The proper remedy for a finding that an agency has exceeded its statutory jurisdiction is vacatur of the unlawful agency action. While Defendants claim the APA does not allow for such a remedy, the Fifth Circuit says otherwise. Data Mktg. P’ship, LP v. United States Dep’t of Labor, 45 F.4th 846, 859 (5th Cir. 2022) (permitting vacatur under 5 U.S.C. § 706(2)).87 While in some cases the court may remand a rule or decision to the agency to cure procedural defects, the Fifth Circuit considers vacatur the “default rule” for agency action otherwise found to be unlawful. Id. at 859–60; accord Franciscan All., Inc. v. Becerra, 47 F.4th 368, 374–75, 375 n.29 (5th Cir. 2022) (concluding that “ [ v ] acatur is the only statutorily prescribed remedy for a successful APA challenge to a regulation”) (emphasis added). The D.C. Circuit agrees. United Steel v. Mine Safety & Health Admin., 925 F.3d 1279, 1287 (D.C. Cir. 2019) (“The ordinary practice is to vacate unlawful agency action . . . . In rare cases, however, we do not vacate the action but instead remand for the agency to correct its errors.”). Whether remand-without-vacatur is the appropriate remedy “turns on two factors: (1) the seriousness of the deficiencies of the action, that is, how likely it is the agency will be able to justify its decision on remand; and (2) the disruptive consequences of vacatur.” Id. (cleaned up). Vacatur is appropriate given the Court’s conclusion that the ATF has exceeded its statutory authority. An illegitimate agency action is void ab initio and therefore cannot be remanded as there is nothing for the agency to justify. Defendants tacitly acknowledge this, noting that “if vacatur is authorized under the APA, it is not warranted here in the event that Plaintiffs succeed on the merits of any procedural claim, because the agency can likely correct any such error on remand.”88 Moreover, vacating the unlawful assertion of the agency’s authority would be minimally disruptive because vacatur simply “establish[es] the status quo” that existed for decades prior to the agency’s issuance of the Final Rule last year. Texas v. United States, 40 F.4th 205, 220 (5th Cir. 2022). Defendants argue that any vacatur should only be applied to the parties before the Court while citing no binding authority in support.89 But such a remedy is more akin to an injunction that would prohibit the agencies from enforcing their unlawful Final Rule against only certain individuals. And indeed, “[t]here are meaningful differences between an injunction, which is a ‘drastic and extraordinary remedy,’ and vacatur, which is ‘a less drastic remedy.’” Id. at 219 (quoting Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 165 (2010)) (assuming the availability of vacatur under the APA)). “[A] vacatur does nothing but re-establish the status quo absent the unlawful agency action. Apart from the . . . statutory basis on which the court invalidated an agency action, vacatur neither compels nor restrains further agency decision-making.” Id. at 220. Thus, the Court applies the default remedy and VACATES the Final Rule on grounds that the agency acted beyond the scope of its legitimate statutory authority in promulgating it. Finally, because vacatur provides Plaintiffs full relief, the Court will not address the parties’ remaining statutory claims, all of which raise procedural defects that might properly result in remand of the Final Rule that the Court has already deemed vacated. V. CONCLUSION In sum, the Court GRANTS Original Plaintiffs’ unopposed Motion for Leave to Provide Supplemental Authority, and the Court DENIES JSD Supply’s proposed Motion for Injunction as prematurely filed. The Court GRANTS Intervenor-Plaintiffs JSD Supply’s and Polymer80’s Motions to Intervene. Further, for the reasons discussed, the Court GRANTS Plaintiffs’ and Intervenor-Plaintiffs’ Motions for Summary Judgment, DENIES Defendants’ Cross-Motion, and VACATES the Final Rule. Separate final judgment shall issue as to the appropriate parties and claims. As discussed, Polymer80 may move for summary judgment on its unique claims to the extent those remaining claims are not mooted by this decision. SO ORDERED this 30th day of June, 2023. View Quote |
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Quoted: Quoted: Quoted: Final pistol brace rule = vacated @Spacejunk wrong case, you really should edit your misinformation I admit I was wrong. That puts you ahead of 99% of the internet :) It would be even better if you went back and edited the post to remove the misleading 'information' |
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Quoted: Good ruling In sum, there is a legal distinction between a weapon parts kit, which may be an aggregation of partially manufactured parts not subject to the agency's regulatory authority, and a "weapon" which "may readily be completed [or] assembled . . . to expel a projectile." 18 U.S.C. 921(a)(3)(A). Defendants contend that drawing such a distinction will produce the absurd result whereby a person lawfully prohibited from possessing a firearm can obtain the necessary components and, given advances in technology, self-manufacture a firearm with relative ease and efficiency.86 Even if it is true that such an interpretation creates loopholes that as a policy matter should be avoided, it not the role of the judiciary to correct them. That is up to Congress. And until Congress enacts a different statute, the Court is bound to enforce the law as written. * * * * Because the Final Rule purports to regulate both firearm components that are not yet a "frame or receiver" and aggregations of weapon parts not otherwise subject to its statutory authority, the Court holds that the ATF has acted in excess of its statutory jurisdiction by promulgating it. 4. Remedy The proper remedy for a finding that an agency has exceeded its statutory jurisdiction is vacatur of the unlawful agency action. While Defendants claim the APA does not allow for such a remedy, the Fifth Circuit says otherwise. Data Mktg. P'ship, LP v. United States Dep't of Labor, 45 F.4th 846, 859 (5th Cir. 2022) (permitting vacatur under 5 U.S.C. 706(2)).87 While in some cases the court may remand a rule or decision to the agency to cure procedural defects, the Fifth Circuit considers vacatur the "default rule" for agency action otherwise found to be unlawful. Id. at 859 60; accord Franciscan All., Inc. v. Becerra, 47 F.4th 368, 374 75, 375 n.29 (5th Cir. 2022) (concluding that " [ v ] acatur is the only statutorily prescribed remedy for a successful APA challenge to a regulation") (emphasis added). The D.C. Circuit agrees. United Steel v. Mine Safety & Health Admin., 925 F.3d 1279, 1287 (D.C. Cir. 2019) ("The ordinary practice is to vacate unlawful agency action . . . . In rare cases, however, we do not vacate the action but instead remand for the agency to correct its errors."). Whether remand-without-vacatur is the appropriate remedy "turns on two factors: (1) the seriousness of the deficiencies of the action, that is, how likely it is the agency will be able to justify its decision on remand; and (2) the disruptive consequences of vacatur." Id. (cleaned up). Vacatur is appropriate given the Court's conclusion that the ATF has exceeded its statutory authority. An illegitimate agency action is void ab initio and therefore cannot be remanded as there is nothing for the agency to justify. Defendants tacitly acknowledge this, noting that "if vacatur is authorized under the APA, it is not warranted here in the event that Plaintiffs succeed on the merits of any procedural claim, because the agency can likely correct any such error on remand."88 Moreover, vacating the unlawful assertion of the agency's authority would be minimally disruptive because vacatur simply "establish[es] the status quo" that existed for decades prior to the agency's issuance of the Final Rule last year. Texas v. United States, 40 F.4th 205, 220 (5th Cir. 2022). Defendants argue that any vacatur should only be applied to the parties before the Court while citing no binding authority in support.89 But such a remedy is more akin to an injunction that would prohibit the agencies from enforcing their unlawful Final Rule against only certain individuals. And indeed, "[t]here are meaningful differences between an injunction, which is a 'drastic and extraordinary remedy,' and vacatur, which is 'a less drastic remedy.'" Id. at 219 (quoting Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 165 (2010)) (assuming the availability of vacatur under the APA)). "[A] vacatur does nothing but re-establish the status quo absent the unlawful agency action. Apart from the . . . statutory basis on which the court invalidated an agency action, vacatur neither compels nor restrains further agency decision-making." Id. at 220. Thus, the Court applies the default remedy and VACATES the Final Rule on grounds that the agency acted beyond the scope of its legitimate statutory authority in promulgating it. Finally, because vacatur provides Plaintiffs full relief, the Court will not address the parties' remaining statutory claims, all of which raise procedural defects that might properly result in remand of the Final Rule that the Court has already deemed vacated. V. CONCLUSION In sum, the Court GRANTS Original Plaintiffs' unopposed Motion for Leave to Provide Supplemental Authority, and the Court DENIES JSD Supply's proposed Motion for Injunction as prematurely filed. The Court GRANTS Intervenor-Plaintiffs JSD Supply's and Polymer80's Motions to Intervene. Further, for the reasons discussed, the Court GRANTS Plaintiffs' and Intervenor-Plaintiffs' Motions for Summary Judgment, DENIES Defendants' Cross-Motion, and VACATES the Final Rule. Separate final judgment shall issue as to the appropriate parties and claims. As discussed, Polymer80 may move for summary judgment on its unique claims to the extent those remaining claims are not mooted by this decision. SO ORDERED this 30th day of June, 2023. |
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Quoted: Good ruling In sum, there is a legal distinction between a weapon parts kit, which may be an aggregation of partially manufactured parts not subject to the agency’s regulatory authority, and a “weapon” which “may readily be completed [or] assembled . . . to expel a projectile.” 18 U.S.C. § 921(a)(3)(A). Defendants contend that drawing such a distinction will produce the absurd result whereby a person lawfully prohibited from possessing a firearm can obtain the necessary components and, given advances in technology, self-manufacture a firearm with relative ease and efficiency.86 Even if it is true that such an interpretation creates loopholes that as a policy matter should be avoided, it not the role of the judiciary to correct them. That is up to Congress. And until Congress enacts a different statute, the Court is bound to enforce the law as written. * * * * Because the Final Rule purports to regulate both firearm components that are not yet a “frame or receiver” and aggregations of weapon parts not otherwise subject to its statutory authority, the Court holds that the ATF has acted in excess of its statutory jurisdiction by promulgating it. 4. Remedy The proper remedy for a finding that an agency has exceeded its statutory jurisdiction is vacatur of the unlawful agency action. While Defendants claim the APA does not allow for such a remedy, the Fifth Circuit says otherwise. Data Mktg. P’ship, LP v. United States Dep’t of Labor, 45 F.4th 846, 859 (5th Cir. 2022) (permitting vacatur under 5 U.S.C. § 706(2)).87 While in some cases the court may remand a rule or decision to the agency to cure procedural defects, the Fifth Circuit considers vacatur the “default rule” for agency action otherwise found to be unlawful. Id. at 859–60; accord Franciscan All., Inc. v. Becerra, 47 F.4th 368, 374–75, 375 n.29 (5th Cir. 2022) (concluding that “ [ v ] acatur is the only statutorily prescribed remedy for a successful APA challenge to a regulation”) (emphasis added). The D.C. Circuit agrees. United Steel v. Mine Safety & Health Admin., 925 F.3d 1279, 1287 (D.C. Cir. 2019) (“The ordinary practice is to vacate unlawful agency action . . . . In rare cases, however, we do not vacate the action but instead remand for the agency to correct its errors.”). Whether remand-without-vacatur is the appropriate remedy “turns on two factors: (1) the seriousness of the deficiencies of the action, that is, how likely it is the agency will be able to justify its decision on remand; and (2) the disruptive consequences of vacatur.” Id. (cleaned up). Vacatur is appropriate given the Court’s conclusion that the ATF has exceeded its statutory authority. An illegitimate agency action is void ab initio and therefore cannot be remanded as there is nothing for the agency to justify. Defendants tacitly acknowledge this, noting that “if vacatur is authorized under the APA, it is not warranted here in the event that Plaintiffs succeed on the merits of any procedural claim, because the agency can likely correct any such error on remand.”88 Moreover, vacating the unlawful assertion of the agency’s authority would be minimally disruptive because vacatur simply “establish[es] the status quo” that existed for decades prior to the agency’s issuance of the Final Rule last year. Texas v. United States, 40 F.4th 205, 220 (5th Cir. 2022). Defendants argue that any vacatur should only be applied to the parties before the Court while citing no binding authority in support.89 But such a remedy is more akin to an injunction that would prohibit the agencies from enforcing their unlawful Final Rule against only certain individuals. And indeed, “[t]here are meaningful differences between an injunction, which is a ‘drastic and extraordinary remedy,’ and vacatur, which is ‘a less drastic remedy.’” Id. at 219 (quoting Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 165 (2010)) (assuming the availability of vacatur under the APA)). “[A] vacatur does nothing but re-establish the status quo absent the unlawful agency action. Apart from the . . . statutory basis on which the court invalidated an agency action, vacatur neither compels nor restrains further agency decision-making.” Id. at 220. Thus, the Court applies the default remedy and VACATES the Final Rule on grounds that the agency acted beyond the scope of its legitimate statutory authority in promulgating it. Finally, because vacatur provides Plaintiffs full relief, the Court will not address the parties’ remaining statutory claims, all of which raise procedural defects that might properly result in remand of the Final Rule that the Court has already deemed vacated. V. CONCLUSION In sum, the Court GRANTS Original Plaintiffs’ unopposed Motion for Leave to Provide Supplemental Authority, and the Court DENIES JSD Supply’s proposed Motion for Injunction as prematurely filed. The Court GRANTS Intervenor-Plaintiffs JSD Supply’s and Polymer80’s Motions to Intervene. Further, for the reasons discussed, the Court GRANTS Plaintiffs’ and Intervenor-Plaintiffs’ Motions for Summary Judgment, DENIES Defendants’ Cross-Motion, and VACATES the Final Rule. Separate final judgment shall issue as to the appropriate parties and claims. As discussed, Polymer80 may move for summary judgment on its unique claims to the extent those remaining claims are not mooted by this decision. SO ORDERED this 30th day of June, 2023. So atf got their peepee whacked. Good. But this doesn't help at all against state laws. |
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Quoted: Good ruling Moreover, vacating the unlawful assertion of the agency's authority would be minimally disruptive because vacatur simply "establish[es] the status quo" that existed for decades prior to the agency's issuance of the Final Rule last year. At least, I hope. |
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Quoted: Can't find the full ruling yet. I'm guessing they ruled atf doesn't have the authority to make the change not that the change itself is unconstitutional. Doubt if this helps with state laws or even blocks congress from doing this as a law in the future. View Quote If Congress wants to do it is a law, that is a different argument, but I don't see that getting enough votes. As for the states, I think it helps a little bit. I'm looking at HB 4383 of Illinois right now. If 80% lowers are NOT "Firearms", it sure would make it a big infringement to be forced to get a Federal serial number for said item if it is not a completed "Firearm". I can see the rule sticking where a completed former 80% lower has to have a serial number (which would still suck), but I don't see how they can get away with forcing non-firearms to have a serial number and/or be illegal. (Although Illinois would do it anyway, and drag it out in court for decades). |
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Quoted: That puts you ahead of 99% of the internet :) It would be even better if you went back and edited the post to remove the misleading 'information' View Quote View All Quotes View All Quotes Quoted: Quoted: Quoted: Quoted: Final pistol brace rule = vacated @Spacejunk wrong case, you really should edit your misinformation I admit I was wrong. That puts you ahead of 99% of the internet :) It would be even better if you went back and edited the post to remove the misleading 'information' I edited my post. Thanks |
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I have a standing $50 monthly donation.
Fuck the ATF. Fuck the NRA. |
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Quoted: I can't. I believe his purpose was to destroy it from within. View Quote View All Quotes View All Quotes |
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This will be interesting- Colorado passed a “Ghost Gun” ban slated to go into effect 1-1-24.
Hoping this null and voids it? SB23-279 Unserialized Firearms And Firearm Components Concerning prohibited activity related to firearms, and, in connection therewith, regulating firearms and firearm frames and receivers that do not have serial numbers; prohibiting manufacture of firearms, frames, and receivers by unlicensed persons; establishing a process for serializing firearms, frames, and receivers; and designating machine gun conversion devices as dangerous weapons. SESSION: 2023 Regular Session SUBJECT: Crimes, Corrections, & Enforcement BILL SUMMARY The bill prohibits: On and after January 1, 2024, knowingly possessing or transporting an unfinished firearm frame or receiver, unless it has been imprinted with a serial number as required by federal law |
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yeah, wondering if this can have an effect on state laws re:80s
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Quoted: 80% all the things! https://www.ar15.com/media/mediaFiles/180398/GG3_jpg-2869387.JPG https://www.ar15.com/media/mediaFiles/180398/ghostguns_jpg-2869388.JPG https://www.ar15.com/media/mediaFiles/180398/batch1_jpg-2869390.JPG https://www.ar15.com/media/mediaFiles/180398/Colt_A4_jpg-2869391.JPG https://www.ar15.com/media/mediaFiles/180398/armory1_jpg-2869392.JPG View Quote Interesting, the spindle/router is mounted horizontally? |
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Quoted: Quoted: Quoted: FPC is kicking ass!! What has the NRA been doing? Losing. Buying suits. Going on vacation. you know Bruen was NRA right? A state organization, Wayne didn't lift a finger until there was someone else's victory to take credit for. |
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Aft getting their shit pushed in. Next braces, and then the nfa.
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Quoted: This will be interesting- Colorado passed a “Ghost Gun” ban slated to go into effect 1-1-24. Hoping this null and voids it? SB23-279 Unserialized Firearms And Firearm Components Concerning prohibited activity related to firearms, and, in connection therewith, regulating firearms and firearm frames and receivers that do not have serial numbers; prohibiting manufacture of firearms, frames, and receivers by unlicensed persons; establishing a process for serializing firearms, frames, and receivers; and designating machine gun conversion devices as dangerous weapons. SESSION: 2023 Regular Session SUBJECT: Crimes, Corrections, & Enforcement BILL SUMMARY The bill prohibits: On and after January 1, 2024, knowingly possessing or transporting an unfinished firearm frame or receiver, unless it has been imprinted with a serial number as required by federal law View Quote No. This ruling sets no precedent. It merely strikes down ATFs fiat rule. State laws are still laws. |
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Quoted: No. This ruling sets no precedent. It merely strikes down ATFs fiat rule. State laws are still laws. View Quote Bingo. The lawsuit attacks an ATF rule in the code of federal regulations. The court is looking at whether the ATF has the authority under the law as passed by Congress to create the rule. It's not really a 2A case, it's more along the lines of the recent ruling in SACKETT v EPA with EPA overstepping its authority under the Clean Water Act. |
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