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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.
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After establishing the full list of litigants opposing the government (ATF + DOJ + Merrick Garland), the court moves on & details it’s lawful jurisdiction to decide this case. See screenshot below.
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From pages 23 – 34 in the ruling, the Court discusses in great detail citing other precedents the use of very specific technical language in the definitions that are written into laws, specifically how the GCA of 1968 is worded, and explains in detail how the ATF usurped the roll of Congress and knowingly rewrote the law. This is an ENORMOUS POINT: this is the SECOND FEDERAL RULING against the ATF in as many years finding that the ATF was usurping the roll of Congress &…
…violating the Separation of Powers as well as the Administrative Procedures Act by violating the spirit and the accepted regulatory authority granted by Chevron Deference. It’s further noted in this thread that the ATF knowingly violated the principle of Lenity in all of these capricious rules as well. The Rule of Lenity was also based on prior precedent & moderates how Agencies like ATF use Chevron. ATF has been ignoring it to act with Malice.
https://www.law.cornell.edu/wex/rule_of_lenity
…violating the Separation of Powers as well as the Administrative Procedures Act by violating the spirit and the accepted regulatory authority granted by Chevron Deference. It’s further noted in this thread that the ATF knowingly violated the principle of Lenity in all of these capricious rules as well. The Rule of Lenity was also based on prior precedent & moderates how Agencies like ATF use Chevron. ATF has been ignoring it to act with Malice.
https://www.law.cornell.edu/wex/rule_of_lenity
LII / Legal Information Institute
rule of lenity
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This is an issue which is front & center today as American Citizens deal with government overreach in efforts by Federal Agencies to weaponize their powers against Americans. Now onto the decision itself!
The Court finds that: “Because the ‘Final Rule’ purports to regulate both firearm components that are not yet a ‘frame or receiver’ & aggregations of weapon parts not otherwise subject to its statutory authority, the Court holds that ATF has acted IN EXCESS of its Statutory Jurisdiction by promulgating it..”
This next part is extremely telling: the ATF had the brazenness & arrogance in it’s filing to try to tell the court it doesn’t have the authority to vacate the rule! The court blatantly slaps the ATF down, and it is hilarious. 14, 15
The court goes on to say “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)."
The Court finds that: “Because the ‘Final Rule’ purports to regulate both firearm components that are not yet a ‘frame or receiver’ & aggregations of weapon parts not otherwise subject to its statutory authority, the Court holds that ATF has acted IN EXCESS of its Statutory Jurisdiction by promulgating it..”
This next part is extremely telling: the ATF had the brazenness & arrogance in it’s filing to try to tell the court it doesn’t have the authority to vacate the rule! The court blatantly slaps the ATF down, and it is hilarious. 14, 15
The court goes on to say “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)."
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It’s also hilarious and shows you how stupid the government lawyers are they argued without citation that even if they lose, the injunction against the rule should ONLY apply to litigants in THIS case! “Defendants argue that any vacatur should only be applied to the parties before the Court while citing no binding authority in support.” LMAO! They KNEW they were gonna lose!
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In the next paragraph, the court drops the Atomic Bomb on the ATF and kills its rule dead, vacating the rule (illegal attempt at ATF writing a law) and ending it on the spot.
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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.
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I want to issue a HUGE thank you to @gunpolicy & the Second Amendment Foundation @2AFDN for seeing this through and fighting SO HARD as #lawfare Warriors to protect us, and our rights! Happy #4thJuly everyone! #merica 🇺🇸
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The Library
I want to issue a HUGE thank you to @gunpolicy & the Second Amendment Foundation @2AFDN for seeing this through and fighting SO HARD as #lawfare Warriors to protect us, and our rights! Happy #4thJuly everyone! #merica 🇺🇸
More on this from our friend Liberty Doll over at youtube:
https://youtube.com/watch?v=YhdZGu-DOow&feature=sharea
https://youtube.com/watch?v=YhdZGu-DOow&feature=sharea
YouTube
ATF Frame or Receiver Rule Struck Down!
The ATF's frame or receiver rule has been struck down by a federal judge.
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