Tennessee Arms Company, LLC

Veteran-Owned Serving Customers since 2013

ATF vs 80%

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By: [email protected]

Date: March 23, 2023

Summary:

A federal judge in Texas has granted a preliminary injunction against the enforcement of the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) new “ghost gun” rule, dealing a blow to President Joe Biden’s attempts to unilaterally implement new gun restrictions through ATF rulemaking. The judge found that the ATF exceeded its authority when it attempted to reinterpret what constitutes a firearm in order to restrict sales of unfinished parts and homemade gun kits.

A federal judge in Texas has granted a preliminary injunction against the enforcement of the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) new “ghost gun” rule, dealing a blow to President Joe Biden’s attempts to unilaterally implement new gun restrictions through ATF rulemaking. The judge found that the ATF exceeded its authority when it attempted to reinterpret what constitutes a firearm in order to restrict sales of unfinished parts and homemade gun kits.

On Sunday, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas, a George W. Bush appointee, decided the ATF can’t enforce its new rule against Polymer80, the country’s largest unfinished firearm parts maker. He found that “the Final Rule’s redefinition of ‘frame or receiver’ conflicts with the statute’s plain meaning” and that the “ATF has no general authority to regulate weapon parts.” Judge O’Connor also chastised the ATF for ignoring the limits of its power under federal law and accused the agency of trying to confuse the issue through clever wordplay.

The ruling comes just a few weeks after Judge O’Connor issued a similar order in a separate case involving several other major makers of unfinished gun parts. Taken together with the full Fifth Circuit’s decision to strike down the bump-stock ban, it also spells more bad news for President Biden’s more recent pistol-brace ban.

Polymer80 celebrated what they called a “massive win,” and began taking orders for its unfinished parts and tool kits on Monday. The Department of Justice, which represents the ATF in court, did not respond to a request for comment. However, the ATF appears undeterred by the ruling, and on Tuesday released a public safety advisory warning Americans against dealing in unfinished firearms parts.

The Second Amendment Foundation, which was allowed to intervene in the case, welcomed the court’s decision. “This is a huge victory,” said Alan Gottlieb, founder and executive vice president of the Foundation. “The court’s preliminary determination is pretty straightforward, and it notes that SAF and Defense Distributed are likely to succeed on the merits of their case against the receiver rule.” The injunction takes effect immediately.