National Court Strikes Down ATF Frame/Receiver Rule

[bradsteen]

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[Yarome]

Sunday, the court also granted an injunction on the final frame and receivers rule in the Polymer80 case. Including protection from prosecution for their customers.

https://storage.courtlistener.com/recap/gov.uscourts.txnd.371791/gov.uscourts.txnd.371791.27.0.pdf

Polymer80's response? Today... full kit's are back on sale (frame + jig) for preorder. $99+free shipping.
Alphabets respose to the ruling? They issued a public notice to all FFL's basically stating that they will continue to investigate infractions against any provisions of the final rule, as published. Blah, blah, blah....

ATF Issues Public Safety Advisory to All Federal Firearms Licensees, Manufacturers and Distributors of Firearm Parts, Components, and Accessories | Bureau of Alcohol, Tobacco, Firearms and Explosives

WASHINGTON – Today, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a public safety advisory to the firearms industry and the public regarding the application of Final Rule 2021-05F, Definition of “Frame or Receiver” and Identification of Firearms. The advisory highlights the...

www.atf.gov

No doubt they will appeal the courts decision, but as of now, they are legal to purchase in their original form... frame+jig kits.

 

[CamoDeafie]

Sunday, the court also granted an injunction on the final frame and receivers rule in the Polymer80 case. Including protection from prosecution for their customers.

https://storage.courtlistener.com/recap/gov.uscourts.txnd.371791/gov.uscourts.txnd.371791.27.0.pdf

Polymer80's response? Today... full kit's are back on sale (frame + jig) for preorder. $99+free shipping.
Alphabets respose to the ruling? They issued a public notice to all FFL's basically stating that they will continue to investigate infractions against any provisions of the final rule, as published. Blah, blah, blah....

ATF Issues Public Safety Advisory to All Federal Firearms Licensees, Manufacturers and Distributors of Firearm Parts, Components, and Accessories | Bureau of Alcohol, Tobacco, Firearms and Explosives

WASHINGTON – Today, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a public safety advisory to the firearms industry and the public regarding the application of Final Rule 2021-05F, Definition of “Frame or Receiver” and Identification of Firearms. The advisory highlights the...

www.atf.gov

No doubt they will appeal the courts decision, but as of now, they are legal to purchase in their original form... frame+jig kits.

Of. Course. here we go again....so...again.... Is Congress going to subpoena Diddleback and Merry Garfunkel to hearings before Senate Judiciary and the weaponized Fed Agency Committee?
Who's gonna enforce District Court injunction against the ATF?

Edit so.. how does this bode for the pistol brace thing... if Courts grants nationwide injunction against ATF/DOJ for enforcing the brace rule.. who's gonna enforce the injunction against ATF...

 

[Yarome]

Is Congress going to subpoena Diddleback and Merry Garfunkel to hearings before Senate Judiciary and the weaponized Fed Agency Committee?

They already did. It's set for the 23rd at 10am ET.

The guns and gadgets guy on YT is going to be broadcasting it live on his channel. Others might be also, but I haven't poked around to find out.

 

[Rkangel]

Yet Oregon wants to push ahead with their receiver ban...and other unconstitutional laws.
It's as though legislators, and agencies are actively flipping-off the American people.

 

[Stomper]

Of. Course. here we go again....so...again.... Is Congress going to subpoena Diddleback and Merry Garfunkel to hearings before Senate Judiciary and the weaponized Fed Agency Committee?
Who's gonna enforce District Court injunction against the ATF?

Edit so.. how does this bode for the pistol brace thing... if Courts grants nationwide injunction against ATF/DOJ for enforcing the brace rule.. who's gonna enforce the injunction against ATF...

Um….. maybe your weapon will?

 

[CamoDeafie]

Um….. maybe your weapon will?

What percentage of the 104,000,000 gun owners have the mental and intestinal fortitude to fight? remember Jan 6th. Think even a million gun owners gonna be able to band together armed outside every State ATF offices, nationwide?

 

[ilikegunspdx]

Wasn't there a big win in CA today also? It wasn't one of Benitez's. Don't recall what it was for

 

[CamoDeafie]

Wasn't there a big win in CA today also? It wasn't one of Benitez's. Don't recall what it was for

It was about the handgun roster thing?

 

[ilikegunspdx]

It was about the handgun roster thing?

That sounds right. Don't recall the details.

 

[Yarome]

Wasn't there a big win in CA today also? It wasn't one of Benitez's. Don't recall what it was for

It was about the handgun roster thing?

Yes, Sir. The handgun roster thing. Basically stayed the 3 laws that have been preventing any newer model firearms into the state over the past 10-15 years.

Loaded firearm indicator, mag fire lockout safety and microstamping... all ruled unconstitutional. Combined... there hasn't been a single new handgun added to the state roster since 2013.

 

[The Heretic]

Yet Oregon wants to push ahead with their receiver ban...and other unconstitutional laws.
It's as though legislators, and agencies are actively flipping-off the American people.

The difference is (or will be), the ATF doesn't make laws, they just enforce them. The court can say the agency is overstepping, but it is unlikely to throw out the NFA/GCA/etc.

If a legislative body passes a law that says an 80% frame/rx is a gun frame/receiver, then that does have the force of law.

 

[Yarome]

If a legislative body passes a law that says an 80% frame/rx is a gun frame/receiver, then that does have the force of law.

...nevertheless... still in violation of the 2A and likely to succeed a challenge.

Agreed though that they are seperate types of challenges.

 

[The Heretic]

...nevertheless... still in violation of the 2A and likely to succeed a challenge.

Agreed though that they are seperate types of challenges.

Of course it is unconstitutional, but the court is much less likely to strike down a law that has been in place for 50-90 years.

 

[CamoDeafie]

Of course it is unconstitutional, but the court is much less likely to strike down a law that has been in place for 50-90 years.

You mean kinda like Roe v. Wade? longstanding ruling that everyone was sure would never be struck down despite one Party saying that the other side will get rid of for 30+ years; that actually got struck down.

 

[The Heretic]

You mean kinda like Roe v. Wade?

Roe v. Wade wasn't a law, it was a court decision - but yes, the longer a law or precedent is in effect, the harder it is to reverse it in court.

 

[wired]

The ATF still hasn't conced bumpstocks. They wont on this either. Meanwhile you still cant buy 80% AK receivers anywhere even though 80% AR-15's? No problem.

 

[Yarome]

The ATF still hasn't conced bumpstocks. They wont on this either. Meanwhile you still cant buy 80% AK receivers anywhere even though 80% AR-15's? No problem.

What does the alphabet not wanting to give up on their rules have to do with actual legality and court orders? So what if they don't like taking a loss and still try to keep pushing the issue. That seems to be par for the course but changes nothing... no matter how they might feel about it. If a court determines it to be unconstitutional and illegal to enforce it... that is the reality. Not the alphabets or brandon's "feelings".

What exactly does retailers not having any of a particluar item available for sale at the moment have anything to do with their legality? You seem to bring up that point over and over again when a new freedom is restored. "Good luck buying one", "you still can't buy any", etc.

What exactly is your point? If retailers don't have something available for sale again yet that means it's still illegal?

At times it can be impossible to find anyone with .22LR AR barrels or some OEM glock parts in stock for months and months on end. Does that mean those items keep dipping in and out of legality?

Or... you're just making a casual observation, like... "good luck finding any in-stock right away."(?) You know inventory doesn't magically appear on retailers shelves the moment a court decisions is entered into the books, right(?) I believe most people are aware of that and fail to see why it's so important to point it out at every opportunity.

 

[wired]

What does the alphabet not wanting to give up on their rules have to do with actual legality and court orders? So what if they don't like taking a loss and still try to keep pushing the issue. That seems to be par for the course but changes nothing... no matter how they might feel about it. If a court determines it to be unconstitutional and illegal to enforce it... that is the reality. Not the alphabets or brandon's "feelings".

What exactly does retailers not having any of a particluar item available for sale at the moment have anything to do with their legality? You seem to bring up that point over and over again when a new freedom is restored. "Good luck buying one", "you still can't buy any", etc.

What exactly is your point? If retailers don't have something available for sale again yet that means it's still illegal?

At times it can be impossible to find anyone with .22LR AR barrels or some OEM glock parts in stock for months and months on end. Does that mean those items keep dipping in and out of legality?

Or... you're just making a casual observation, like... "good luck finding any in-stock right away."(?) You know inventory doesn't magically appear on retailers shelves the moment a court decisions is entered into the books, right(?) I believe most people are aware of that and fail to see why it's so important to point it out at every opportunity.

No one's selling them and won't until the ATF tells them it's OK. It's that simple

 

[Yarome]

No one's selling them and won't until the ATF tells them it's OK. It's that simple

In who's world? You mean like the alphabet telling everyone you can't buy an 80% frame or reciever without a SN and going through an FFL, but the courts said, "that's not the way it works"... so retailers are selling them.... despite not having gotten permission from the alphabet agency?

Legal is legal. Alphabet permission to follow the law... before you are allowed to follow the law... is not required.

It's that simple.