A Federal Judge ruled Biden’s Bureau of Alcohol, Tobacco, Firearms, and Explosives had overstepped their authority after the ATF attempted to regulate unfinished parts of guns as part of its power to regulate arms sales.
According to the Epoch Times the Judge’s decision states that the ATF overstepped its authority. Texas Judge Reed O’Connor has ruled that parts, not guns, are illegal under federal law.
O’Connor wrote in his order that “this case presents the question of if the federal government can lawfully regulate partially-manufactured firearm components, related products, and other materials and tools in accordance with the Gun Control Act of 68.” “Because of the Court’s conclusion that the government can’t regulate those items without breaking federal law, the Court finds that the recently enacted government final rule is an unlawful agency action taken beyond the ATF’s legal jurisdiction.” The Court then vacates the rule.
In his order, Judge O’Connor notes that ATF is trying to regulate a firearm component as a “frame or receiver” when the agency had previously determined that it was neither a frame or a receiver. O’Connor addressed the issue by pointing out the incongruity and logical contradiction of the ATF’s decision.
“Logic dictates that an object cannot be both a receiver and a receiver at the same. The reliance of the defendant on this logical contradiction is fatal for their argument.
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The Firearms Policy Coalition, a group that supports the Second Amendment, brought the case against ATF. They praised Judge O’Connor’s decision. Cody J. Wisniewski, of the FPC, said in a statement:
We’re delighted to see that the Court has agreed that ATF’s Frame or Receiver Rule is in excess of the agency’s congressionally-limited authority. The Court has correctly struck down ATF’s Rule with this decision and ensured it cannot enforce what it never had the right to publish.
The FPC tweeted about the ruling and called it a “monumental win against the tyrannical ATF.” They also vowed to fight on, saying that they “will continue to pursue these cases in order to stop the immoral and unconstitutional acts of the disarmament régime.”
Our VanDerStok V Garland Lawsuit destroys the ATF “Frame or Receiver” Final Rule, bringing us closer to a world with maximum human freedom.
Get on the winning team at https://t.co/6Pp2ekN6th. pic.twitter.com/9RQomybs3x
Firearms Policy Coalition July 2, 2023
