First Lawsuit filed challenging new ATF regulations on 80% frames/receivers

cathouse01

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From the article:

“How can you say something is not a firearm,” he said, “but miraculously it becomes a firearm when you rewrite regulation but not the law?”

Division 80’s lawyers described the change in federal rules as an attempt to “drastically expand” ATF’s regulatory jurisdiction beyond its actual authority and criticized the agency’s move to reverse its past legal position on gun parts as “arbitrary, capricious, and an abuse of discretion.” They also said the new definitions describing gun parts that must be regulated have been written so vaguely that they will force manufacturers to withdraw from making any of their products for fear they’re breaking the law.
 

Dennis in MA

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The role of government is to always make itself bigger. "We want to regulate pieces of aluminum and plastic."

This is nothing new. After about 6 years of wrangling, the DOL suddenly has jurisdiction over your brokerage account.

Department of Labor.

Brokerage Account.

???????

Oh, and not a lick of hte new regulations will help a single investor. Not one. More bullshit paperwork to fill out and have shoved at you when you open an account. There is already 58 pages of shit you don't read. What's 3-4 more pages?

But someone thinks they are doing their job.

The fact that someone INSIDE of government didn't tell them to go shut up and focus on their own problems is what makes me sad.

Ditto for hte ATF. "We want to regulate paperweights if they have pew-pew written on them." That's not how the law works.
 

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Houston-area company says Biden Administration's 'ghost gun' policy will put them out of business​


That's the intent.

This administration straight up TOLD everyone they were going to (try to) ban all sorts of things. There will be more.

Good for them for fighting the man.

Good Americans need to remain vigilant.
 

StevieP

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“I instructed the Attorney General to write a regulation that would rein in the proliferation of ghost guns because I was having trouble getting anything passed in the Congress,” Biden said, during an April 11 announcement in the White House Rose Garden. The rule, which was published in the Federal Register two weeks later, will go into effect in about four months, in August.

Would it be prudent for all good law-abiding Americans to stock up on 80% lowers in the meantime? I've already got a couple serialized lowers sitting in a drawer. Have a .308AR built from an 80% NES group buy. Don't need, and can't justify the expense of an 80% lower. But maybe a couple Glock ones would be good to stash away for future use or resale in a post-apocalyptic world.


Officials from the ATF said they could not comment on pending litigation. Officials from the Justice Department also declined to comment.

That's crap. As the agency in charge of this, they should be required to respond to public comment / FOIA to justify themselves.
 
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cathouse01

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I like that the plaintiffs took the time to set up a company in Galveston, TX. Note that Division 80 was just registered as an LLC in November of last year, so they were already preparing for this suit back then. Division 80 has no website and I had never heard of them before. They're obviously setup so that they can bring suit in the Fifth Circuit. The Fifth is much more RKBA friendly than the Ninth, which covers Nevada where Polymer 80 Inc. is located or the First, which covers MA where 5D Tactical is headquartered. In fact I couldn’t find any existing 80% manufacturer located in Texas/Louisiana/Mississippi (the states covered by the Fifth), which is probably why they set one up.

I also like that they specifically call out that the ruling “unlawfully seeks to put law-abiding American companies like Division 80 out of business.” Obviously setting it up to receive injunctive relief preventing the enforcement of the rule, since being forced out of business would result in "irreparable harm” if the ruling was enforced.

The Fifth Circuit is probably the most likely to issue a US wide injunction against the ATF, staying the rule's enforcement until the case can be fully adjudicated.
 

Roadglide

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I like that the plaintiffs took the time to set up a company in Galveston, TX. Note that Division 80 was just registered as an LLC in November of last year, so they were already preparing for this suit back then. Division 80 has no website and I had never heard of them before. They're obviously setup so that they can bring suit in the Fifth Circuit. The Fifth is much more RKBA friendly than the Ninth, which covers Nevada where Polymer 80 Inc. is located or the First, which covers MA where 5D Tactical is headquartered. In fact I couldn’t find any existing 80% manufacturer located in Texas/Louisiana/Mississippi (the states covered by the Fifth), which is probably why they set one up.

I also like that they specifically call out that the ruling “unlawfully seeks to put law-abiding American companies like Division 80 out of business.” Obviously setting it up to receive injunctive relief preventing the enforcement of the rule, since being forced out of business would result in "irreparable harm” if the ruling was enforced.

The Fifth Circuit is probably the most likely to issue a US wide injunction against the ATF, staying the rule's enforcement until the case can be fully adjudicated.
5d is in California
 

Reptile

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I hope they know what they are doing.

A lawsuit against Harshbarger who originally banned Glocks in Mass got screwed up that it ruined it for everyone years later.
 

cathouse01

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5d is in California
Ships from California, according to Dunn&Bradstreet HQ in MA.

Doing Business As: 5d Tactical, LLC
Company Description: 5d Tactical, LLC is located in Westborough, MA, United States and is part of the Sporting Goods, Hobby, and Musical Instrument Stores Industry. 5d Tactical, LLC has 6 total employees across all of its locations and generates $158,298 in sales (USD). (Employees and Sales figures are modelled).
 

Roadglide

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Ships from California, according to Dunn&Bradstreet HQ in MA.

Doing Business As: 5d Tactical, LLC
Company Description: 5d Tactical, LLC is located in Westborough, MA, United States and is part of the Sporting Goods, Hobby, and Musical Instrument Stores Industry. 5d Tactical, LLC has 6 total employees across all of its locations and generates $158,298 in sales (USD). (Employees and Sales figures are modelled).
🤓
 

cathouse01

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didn't bump stocks lose the court battle?

when is a machine gun not a machine gun? Never anymore apparently.
The Bump Stock battle is still under litigation. What the petitioners lost was their request for injunctive relief to prevent the ATF from enforcing the rule while it moved forward in the courts.

From a March 4, 2022 announcement from the GOA:
Gun Owners of America (GOA) filed a petition for Writ of Certiorari in the United States Supreme Court challenging the Bureau of Alcohol, Tobacco and Firearms’ (ATF) 2018 reclassification of bump stocks as “machineguns.”

What SCOTUS did do was to refuse the request to review a ruling by the full Sixth Circuit that overturned a previous ruling by a three judge panel of said court that had issued an injunction to prevent the ATF from enforcing their Bump Stock rule. So the ATF has been allowed to enforce the rule while the case against it winds its way through the courts.

Thus the importance in this case of clearly stating that, without injunctive relief, the plaintiff will suffer irreparable damages and go out of business.
 

amm5061

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The role of government is to always make itself bigger. "We want to regulate pieces of aluminum and plastic."

This is nothing new. After about 6 years of wrangling, the DOL suddenly has jurisdiction over your brokerage account.

Department of Labor.

Brokerage Account.

???????

Oh, and not a lick of hte new regulations will help a single investor. Not one. More bullshit paperwork to fill out and have shoved at you when you open an account. There is already 58 pages of shit you don't read. What's 3-4 more pages?

But someone thinks they are doing their job.

The fact that someone INSIDE of government didn't tell them to go shut up and focus on their own problems is what makes me sad.

Ditto for hte ATF. "We want to regulate paperweights if they have pew-pew written on them." That's not how the law works.

You know the intent of that was so the .gov can seize your retirement accounts when they're ready, right? The idea of untaxed money just sitting around earning interest drives these people up a wall to begin with.
 

Dennis in MA

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No. Government is no insidious, it's incompetent. "Step aside, lady. I'M here to save you!" It's a reach. And I'm shocked that someone hasn't been b-slapped in the courts over it.
 
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