Forwarded from The Library (Harold Finch)
This of critical importance: Chevron Deference says if the law is vague, the court hearing a lawsuit will find for the Agency as the Agency is most qualified to interpret any vagueness of the law. This, THIS, is the pretext the ATF and the EPA have been using to FAR exceed their authority, writing laws from scratch from tortured revised versions of laws already on the books.
Forwarded from The Library (Harold Finch)
Primarily, the National Firearms Act of 1935, the Gun Control Act of 1968, the Clean Air Act of 1967, Clean Water Act of 1972. The EPA has lost two Supreme Court cases in three terms, West Virginia v EPA where it was held they unconstitutionally exceeded limits of Chevron to create PUNITIVE restrictions on coal plants & auto makers rewriting the Clean Air Act, and in Sackett v EPA where SCOTUS held EPA far exceeded Chevron Deference authority by illegally rewriting and expanding the Clean Waters Act.
Forwarded from The Library (Harold Finch)
Onto the ATF! Recently a Federal Court ruled the ATF’s expansion of the NFA to add bumpstocks illegally rewrote the NFA to add items. The NFA has specific technical language defining what a Machine Gun is—the ATF just rewrote the definition, told owners of bumpstocks under their new ‘rule’ (law made without congress) that they must file for & obtain a tax stamp, register them as machine guns or face 10 years in prison & a $250,000 fine. The 5th Circuit Court Of Appeals (COA) ruled against ATF.
Cargill v Garland:
https://fingfx.thomsonreuters.com/gfx/legaldocs/gdpzqwrjdvw/01062023cargill.pdf
Cargill v Garland:
https://fingfx.thomsonreuters.com/gfx/legaldocs/gdpzqwrjdvw/01062023cargill.pdf
Forwarded from The Library (Harold Finch)
This was the first shoe to drop. The ATF at the Biden White House & anti-gun enterprise extremist groups like ‘Moms Demand Action’ & ‘Everytown For Gun Safety’ & ‘Brady Group’ pressure illegally redefined bumpstocks & illegally added them to the NFA. The 5th Circuit COA ruled their bumpstock rule null & void as an illegal overreach on ATF’s part.
The decision on the VanDerStock v Garland case is the SECOND MAJOR SHOE to drop. In the Federal Court’s ruling, Judge Reed O’Conner ruled that the ATF illegally rewrote definitions clearly defined in the 1968 GCA just as ATF had done in Cargill v Garland. The ATF illegally rewrote the law by changing definitions to suit the Anti-Gun Agenda putting forth criminal penalties for makers, sellers and owners far exceeding their authority under Chevron Deference.
The decision on the VanDerStock v Garland case is the SECOND MAJOR SHOE to drop. In the Federal Court’s ruling, Judge Reed O’Conner ruled that the ATF illegally rewrote definitions clearly defined in the 1968 GCA just as ATF had done in Cargill v Garland. The ATF illegally rewrote the law by changing definitions to suit the Anti-Gun Agenda putting forth criminal penalties for makers, sellers and owners far exceeding their authority under Chevron Deference.
Forwarded from The Library (Harold Finch)
The plaintiffs in this case sued on the basis that the ATF’s *final* rule (law created without congress) frames/receivers violated the Administrative Procedures Act’s substantive & procedural requirements, & exceeded INFERRED powers of the ATF under GCA of ’68 & was unconstitutional.
Forwarded from The Library (Harold Finch)
Forwarded from The Library (Harold Finch)
Right away, the court goes into deciding the motions to add plaintiffs with an interest in the case, and of PARTICULAR NOTE is @polymer80inc who the ATF actually singled out explicitly in their press release on the new rule they sent to Federal Firearms License dealers (gun shops and gun sellers) (FFLs).
https://www.thefirearmblog.com/blog/2022/08/26/atf-2021r-05f-80-receiver-rule/
https://www.thefirearmblog.com/blog/2022/08/26/atf-2021r-05f-80-receiver-rule/
The Firearm Blog
ATF Final Rule 2021R-05F (aka 80% Receiver Rule) Explained -
The ATF's new receiver rule signals the end of the 80% receiver as we know it, and makes changes to the definition of a receiver.
Forwarded from The Library (Harold Finch)
And this next part takes this ruling and turns that Atomic Bomb the court dropped on ATF into a Thermonuclear Hydrogen Bomb: The court not only rules again the rule, but rules that @polymer80inc can GO AFTER THE GOVERNMENT ON SEPARATE CLAIMS OF HARM, ORIGINATING FROM THE ILLEGAL ATF RAID ON POLYMER80’S FACILITIES, AND TARGETING THEM IN THEIR RELEASE TO FFL’S.
The ATF isnt done being taken to the woodshed. Polyermer80 was SINGLED OUT by ATF in an attempt to BANKRUPT them—This case is not over for the ATF. They are going further be held LIABLE.
The ATF isnt done being taken to the woodshed. Polyermer80 was SINGLED OUT by ATF in an attempt to BANKRUPT them—This case is not over for the ATF. They are going further be held LIABLE.
Forwarded from The Library (Harold Finch)
And now the Finale: the legal loophole ATF & EPA have been abusing to create these rules ILLEGALLY rewriting laws in place of Congress, Chevron Deference, is ABOUT TO DIE.
https://www.politico.com/news/2023/05/01/supreme-court-chevron-doctrine-climate-change-00094670
https://www.politico.com/news/2023/05/01/supreme-court-chevron-doctrine-climate-change-00094670
POLITICO
Supreme Court move could spell doom for power of federal regulators
Conservatives get the chance to use a dispute over fisheries to deliver the final blow to Chevron deference.
👆 EM is a fellow Greenie Beanie who started a successful VC firm after he hung up the uniform. Bright guy, worth a follow.
He has a new book out on the global shit show that's worth a read as well.
He has a new book out on the global shit show that's worth a read as well.
If you truly understand why the pupetmasters are pretending like black people are the only minority, then you know just how racist and gross they are.