The Briefing Room
General Category => National/Breaking News => Second Amendment => Topic started by: Elderberry on September 15, 2022, 09:51:50 pm
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Ammoland Inc by Dean Weingarten September 14, 2022
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. See Definition of “Frame or Receiver” and Identification of Firearms, 87 Fed. Reg. 24652 (April 26, 2022) (to be codified at 27 C.F.R. pts. 447, 478, and 479) (the “Final Rule”). At bottom, the Final Rule amends the definitions of certain terms with the ATF’s regulations, such as “frame or receiver,” and amends related ATF regulations on firearm markings and recordkeeping. Id. The Final Rule takes effect on August 24, 2022. Id.
Judge Welte simply accepts the power of the ATF to make sweeping changes in the law, even though the Congress has had ample opportunity to do so, and has refused to change the law.
More: https://www.ammoland.com/2022/09/courts-rule-for-atf-final-rule-using-commercial-sale-loophole/ (https://www.ammoland.com/2022/09/courts-rule-for-atf-final-rule-using-commercial-sale-loophole/)
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Whoa.
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Thanks there judge for letting the Bureaucracy rewrite the law any time they please, any way they please.
No-brainer appeal here.