July 7, 2023
Federal Court “vacates” ATF new rule redefining a “frame or receiver”.
The ATF’s “frame and receiver” regulation was a direct attack on
rights protected by the Second Amendment. Further, it was a violation
of the separation of powers doctrine because a federal agency was
attempting to materially alter and expand the definition of a term that
Congress had included in the Gun Control Act of 1968.
The district court introduced the issue and summarized its conclusion in this introductory statement:
This case presents the question of whether the federal government may
lawfully regulate partially manufactured firearm components, related
firearm products, and other tools and materials in keeping with the Gun
Control Act of 1968. Because the Court concludes that the government
cannot regulate those items without violating federal law, the Court
holds that the government’s recently enacted Final Rule, Definition of
“Frame or Receiver” and Identification of Firearms, 87 Fed. Reg. 24,652
(codified at 27 C.F.R. pts. 447, 478, and 479), is unlawful agency
action taken in excess of the ATF’s statutory jurisdiction. On this
basis, the Court vacates the Final Rule.
Vanderstok, p. 3
This kind of litigation would never have been required if Congress, and
those in control of Congress, would have honored their constitutional
oaths and taken action, long before now, to either limit the abuses of
the DOJ and the ATF and/or simply eliminated the ATF entirely, which
many citizens would champion since the agency’s purpose exists nowhere
among the enumerated powers set forth in the Constitution. This
kind of litigation is one of the reasons that the Tennessee Firearms
Association has increasingly invested efforts and money, significant
amounts of money, if litigating 2nd Amendment issues in Tennessee and
nationally. If you want to support efforts like this, please consider
joining the Tennessee Firearms Association as a member. If you are
already a member, please consider making regular supplemental donations to help TFA fund its increasing litigation program. It is also
one of the reasons that the Tennessee Firearms Foundation was formed in
May 2023 and which it will pursue further once the IRS reviews and
hopefully grants the TFF charitable status as a 501(c)(3) entity.
Although that entity is not soliciting funds prior to IRS action on its
application for charitable 501(c)(3) status, you can look forward to the
day that its charitable status is hopefully approved. |
