Federal Judge Vacates ATF’s Unlawful “Frame or Receiver” Rule

[Peacekeeper3073]

This Supreme Court isn't as gun friendly as we were led to believe. We lose the frame/receiver and brace rule and it's about game over. Next will be another national assault rifle and magazine ban like 94 but worse. Bottom line is they are all puppets to the lousy politicians that are running our country right into the ground.

 

[bobzilla]

This Supreme Court isn't as gun friendly as we were led to believe. We lose the frame/receiver and brace rule and it's about game over. Next will be another national assault rifle and magazine ban like 94 but worse. Bottom line is they are all puppets to the lousy politicians that are running our country right into the ground.

I would love to understand how you came to that conclusion when all the other evidence says otherwise

 

[Ingomike]

I would love to understand how you came to that conclusion when all the other evidence says otherwise

If any little procedural aspect of a case goes to them and they turn it down they are anti-gun…

 

[GodFearinGunTotin]

If any little procedural aspect of a case goes to them and they turn it down they are anti-gun…

I get his point. For decades now we’ve watched liberal judges grab any tenuous thread to predicate a judgement on, if they could use it to twist logic and law to arrive at the desired outcome. Our side avoids that at all costs. It is frustrating to watch. It’s hard to argue we are winning, for now (on 2A stuff). But when I see how things are devolving in the culture, I’m not for how much longer sure sound reasoning and logic will defeat emoting “my truth”.

 

[Ingomike]

I get his point. For decades now we’ve watched liberal judges grab any tenuous thread to predicate a judgement on, if they could use it to twist logic and law to arrive at the desired outcome. Our side avoids that at all costs. It is frustrating to watch. It’s hard to argue we are winning, for now (on 2A stuff). But when I see how things are devolving in the culture, I’m not for how much longer sure sound reasoning and logic will defeat emoting “my truth”.

With the caveat that I vacillate on my position from what you describe to rule of law, do we really want the courts to legislate from the bench, even for our side?

 

[GodFearinGunTotin]

With the caveat that I vacillate on my position from what you describe to rule of law, do we really want the courts to legislate from the bench, even for our side?

No. Further, if I could wave a magic wand, in many/most applicable cases I would require the court, in contemplating a decision, to first apply the text, history, and tradition standard—before precedence and passed law

 

[Alamo]

I haven't read anything except the tweet (the X?) yet but sounds like good news…

 

[Alamo]

And the cloud around the silver lining:

 

[JAL]

Fifth Circuit Merits Panel Decision can be read here:

https://storage.courtlistener.com/recap/gov.uscourts.ca5.214743/gov.uscourts.ca5.214743.506963058.1.pdf

TL/DR. The result is on page 28.

Accordingly, the judgment of the district court is AFFIRMED to the extent it holds unlawful the two challenged portions of the Final Rule, and VACATED and REMANDED as to the remedy.

I'm looking for the "two challenged portions". This decision satisfies the first part of the SCOTUS conditions on its stay regarding the Preliminary Injunction -- but it does not satisfy the second, which is a timely motion by ATF to SCOTUS for a Writ of Certiorari, which I can guarantee ATF will file. Thus, as I read it, the rule remains in effect, for now. Remanding back to the District Court for remedy asks it to decide what is appropriate in the form of injunctions given the Circuit Court's decision. There will also be assignment court costs and attorney fees.

 

[JAL]

Reading back through the original complaint filed in the District Court . . . the two main issues I derived from it:

1. Redefining an incomplete frame/receiver as a "firearm" in the GCA, conflating definitions in subpart A which refers to things that can be readily converted into becoming a whole firearm, and subpart B of the GCA which defines a frame/receiver as being a firearm -- without specifying that it includes items that can be readily transformed into frames/receivers. The court recognized the slippery slope of what constitutes "readily converted" as nebulous. The complaint also states that ATF additionally violated the APA in how it promulgated the final rule.
2. The history and tradition of one building or fabricating one's own firearms for lawful use going back to the founding era when Britain banned the Colonies from importing arms (to prevent local colonial militias from arming themselves) and Colonists began fabricating their own in Colonial foundries for not only militia use, but for hunting, and individual/collective self-defense.

The Fifth Circuit's decision, in its rationale and dicta commiserates with ATF's frustration regarding criminal use of "ghost guns", but clearly states ATF rewriting the GCA, which only Congress can do, is illegal and unconstitutional.

That's my take on it regarding the two issues the Fifth Circuit alluded to. The remedies will undoubtedly include injunctions prohibiting ATF from interfering with the sale of "80%" kits, including 80% receivers, and the fixtures/tools required to complete them. It isn't over yet. Biden, Garland, Dettelbach and their minions will undoubtedly petition SCOTUS for a Writ of Certiorari (within the "timely" deadline) and the SCOTUS stay will remain in place until said petition and a Writ, if issued, is dealt with -- or SCOTUS otherwise ends its stay.

 

[tbhausen]

Really excellent summary here (JAL, of course, nailed it)… Biden & Company really got ***** slapped on this one:

Fifth Circuit Panel Hands Biden’s ATF Major Defeat on Final Rule

In a unanimous ruling...a three-judge panel in the Fifth U.S. Circuit Court of Appeals said the federal Bureau of Alcohol, Tobacco, Firearms and Explosives illegally promulgated its controversial “Final Rule”

www.ammoland.com

 

[KLB]

A lot of that could be said of the brace rule change too.

 

[DadSmith]

https://aboutblaw.com/bbpJ

In its 58-page ruling by the U.S. Fifth Circuit Court of Appeals PDF

Kurt D. Engelhardt, Circuit Judge:
It has long been said—correctly—that the law is the expression of legislative will.1 As such, the best evidence of the legislature’s intent is the carefully chosen words placed purposefully into the text of a statute by ou duly-elected representatives. Critically, then, law-making power—the ability to transform policy into real-world obligations—lies solely with the legislative branch.

2 Where an executive agency engages in what is, for all intents and purposes, “law-making,” the legislature is deprived of it primary function under our Constitution, and our citizens are robbed of their right to fair representation in government. This is especially true when the executive rule-turned-law criminalizes conduct without the say of the people who are subject to its penalties.

 

[JAL]

Breaking News (Feb 7th 2024):
Biden's Solicitor General petition's SCOTUS for Writ of Certiorari challenging the 5th Circuit Court of Appeals' Decision.
The Solicitor General is #4 in the DoJ and argues cases on behalf of the Executive Branch. Five more attorneys within DoJ have piled onto the petition along with Biden's Solicitor General (six total).

For the legal geeks, the petition can be read here, and I've also uploaded it.
Solicitor General's Petition for Writ of Certiorari PDF

251 page petition appendix (its verbosity a consequence of a half dozen attorneys writing it):
Petition for Certiorari Appendix

SCOTUS Docket for this case (23-852):
SCOTUS Docket 23-852

John Crump does a livestream about the petition (scroll past the intro countdown rambles some):




Mark W. Smith (Four Boxes Diner) also discusses it here (yeah, he's verbose, but it's informative):




Expect other guntubers to comment on it in the next day or so. SCOTUS will have to issue a decision on whether or not to take up the case. If it doesn't the current SCOTUS stays on the 5th Circuit's decision that were issued some months ago vaporize.

 

[GodFearinGunTotin]

When you have limitless resources you can keep on fighting to take rights away.

 

[DadSmith]

Breaking News (Feb 7th 2024):
Biden's Solicitor General petition's SCOTUS for Writ of Certiorari challenging the 5th Circuit Court of Appeals' Decision.
The Solicitor General is #4 in the DoJ and argues cases on behalf of the Executive Branch. Five more attorneys within DoJ have piled onto the petition along with Biden's Solicitor General (six total).

For the legal geeks, the petition can be read here, and I've also uploaded it.
Solicitor General's Petition for Writ of Certiorari PDF

251 page petition appendix (its verbosity a consequence of a half dozen attorneys writing it):
Petition for Certiorari Appendix

SCOTUS Docket for this case (23-852):
SCOTUS Docket 23-852

John Crump does a livestream about the petition (scroll past the intro countdown rambles some):




Mark W. Smith (Four Boxes Diner) also discusses it here (yeah, he's verbose, but it's informative):




Expect other guntubers to comment on it in the next day or so. SCOTUS will have to issue a decision on whether or not to take up the case. If it doesn't the current SCOTUS stays on the 5th Circuit's decision that were issued some months ago vaporize.

Thanks for the update JAL