Latest ruling partial receivers

Firearms regulation and general political topics
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Japhy
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Latest ruling partial receivers

Post by Japhy »

Excerpt from Epoch Times
“ Texas-based United States District Court Judge Reed O’Connor on Friday ruled that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) erred by saying that unfinished gun parts are guns and can, therefore, be regulated. His ruling said that parts aren’t guns under federal law.”

This will be appealed but still good news
Wambli Ska
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Re: Latest ruling partial receivers

Post by Wambli Ska »

This is great precedent. If this makes it to SCOTUS it would be the base for a wide reaching decision. If parts are not guns then the ATF has no jurisdiction over stocks, triggers and maybe even cans.
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Bigslug
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Re: Latest ruling partial receivers

Post by Bigslug »

Isn't "regulated" the same thing as "infringed"? Just sayin'. . .

But you pretty much have to draw a line somewhere on the point "that a firearm has been born", otherwise, you're going to have to fill out a 4473 for a bucket of raw iron ore or bauxite, since those are clearly "precursors" :roll:
WWJMBD?

I believe we should stand on Ceremony. . . while our friends handcuff the sanctimonious little prick and take him away.
PFD45
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Re: Latest ruling partial receivers

Post by PFD45 »

Yeah, that was another piece of good news.

Those would be some expensive paperweights.
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CPJ 2.0
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Re: Latest ruling partial receivers

Post by CPJ 2.0 »

This is a good watch/listen on the subject. This channel im general is good, no over the top click bait poop.


https://youtu.be/ewSzFhysV6g
“The shepherd slaughters more of the flock than the wolf ever will.”
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Justsomedude
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Re: Latest ruling partial receivers

Post by Justsomedude »

Wambli Ska wrote: Mon Jul 03, 2023 9:31 pm This is great precedent. If this makes it to SCOTUS it would be the base for a wide reaching decision. If parts are not guns then the ATF has no jurisdiction over stocks, triggers and maybe even cans.
Except that cans are already considered "firearms" in and of themselves. So are suppressor parts.
Japhy
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Re: Latest ruling partial receivers

Post by Japhy »

After reading more from multiple sources my take is that most of the issue is agencies creating “rules” enforced as laws. Laws are the purview of legislatures, state and federal.
I hope this case catches some traction.
Wambli Ska
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Re: Latest ruling partial receivers

Post by Wambli Ska »

Justsomedude wrote: Tue Jul 04, 2023 3:31 am
Wambli Ska wrote: Mon Jul 03, 2023 9:31 pm This is great precedent. If this makes it to SCOTUS it would be the base for a wide reaching decision. If parts are not guns then the ATF has no jurisdiction over stocks, triggers and maybe even cans.
Except that cans are already considered "firearms" in and of themselves. So are suppressor parts.
And they should not be…
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CPJ 2.0
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Re: Latest ruling partial receivers

Post by CPJ 2.0 »

“The shepherd slaughters more of the flock than the wolf ever will.”
Diver43
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Re: Latest ruling partial receivers

Post by Diver43 »

They are bound and determined to ban anything they can.
Have to give the lawyers credit for double talk and covering up in BS speak
Japhy
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Re: Latest ruling partial receivers

Post by Japhy »

Another round
SCOTUS has intervened in the appeal process, which means frames and presumably other parts are now regulated again at least until the appeal process is complete.

an excerpt from AWR Hawkins column:
On July 24, a three-judge panel of the United States Court of Appeals for the Fifth Circuit upheld O’Conner’s decision to vacate the rule, but the appeals process continues in the Fifth Circuit. SCOTUS was asked to intervene during the appeals process and, on Tuesday, SCOTUS voted 5-4 to allow the rule to stand while the appeals process plays out. Chief Justice John Roberts and Justices Amy Coney Barrett, Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan, voted in the majority.
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