Re: US Dist Court Judge in Texas enjoins ATF from enforcement of 2021R-05 against Tactical Machining

30
The Supreme Court on Tuesday agreed to freeze a lower court order that bars the government from regulating so-called ghost guns – untraceable homemade weapons – as firearms under federal law. The brief order grants the Biden administration’s request to allow the regulations to remain in effect while legal challenges play out.
The vote was 5-4. Chief Justice John Roberts and fellow conservative Justice Amy Coney Barrett joined with the court’s three liberals to allow the rule to take effect. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh would have denied the application.

In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives updated its regulations to define the kits as firearms under the law so that the government could more carefully track them.
https://www.cnn.com/2023/08/08/politics ... index.html

The SCOTUS order in Garland v Vanderstok:
https://www.supremecourt.gov/orders/cou ... r_dc8f.pdf
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: US Dist Court Judge in Texas enjoins ATF from enforcement of 2021R-05 against Tactical Machining

33
Still, the federal definitions of “frame or receiver” have endured for decades before ATF changed them in the Final Rule. ATF’s desire to change the status quo ante does not outweigh the few additional weeks or months needed to complete judicial review of ATF’s work. Thus, under Winter or Nken or any other standard, see supra n.*, we cannot say the Government has shown that it is entitled to emergency vacatur of the district court’s injunction as to
the two party-plaintiff manufacturers.
Yes, interesting it was issued per curiam/by the court. We don't know how the judges voted on this order.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: US Dist Court Judge in Texas enjoins ATF from enforcement of 2021R-05 against Tactical Machining

34
The Supreme Court on Tuesday allowed the Biden administration to temporarily reinstate a rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulating “ghost guns” while a challenge to the rule continues in a federal appeals court. In June, a federal judge in Fort Worth, Texas, had barred the ATF from enforcing the rule anywhere in the United States. Urging the justices to intervene, U.S. Solicitor General Elizabeth Prelogar had told the justices that the order by U.S. District Judge Reed O’Connor was “irreparably harming the public and the government by reopening the floodgates to the tide of untraceable ghost guns flowing into our Nation’s communities.”

The vote was 5-4, with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh indicating that they would have denied the government’s request and allowed the ban on enforcement of the rule to continue. The ATF issued the rule at the center of the dispute in 2022 to make clear that federal laws governing the sale of firearms – requiring, for example, background checks for purchases and imposing recordkeeping obligations – apply to “ghost guns,” firearms without serial numbers that virtually anyone can assemble with parts that they purchase, often in a kit.
https://www.scotusblog.com/2023/08/supr ... host-guns/

The case isn't dead, it continues in the federal courts. ATF's 2022 rule just remains in effect. Roberts and Barrett joined the 3 liberals.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: US Dist Court Judge in Texas enjoins ATF from enforcement of 2021R-05 against Tactical Machining

36
sikacz wrote: Tue Oct 17, 2023 8:55 am Totally stupid. How does this affect anyone with a self made gun? Do people have to put serial numbers on their guns? And to what point? A serial number doesn’t do any good unless there is a registry.
Exactly. And registries lead to confiscations, i. e. the government officials know which houses to raid first.
"SF Liberal With A Gun + Free Software Advocate"
http://www.sanfranciscoliberalwithagun.com/
http://www.liberalsguncorner.com/
Image

Re: US Dist Court Judge in Texas enjoins ATF from enforcement of 2021R-05 against Tactical Machining

37
Tactical Machining has given up and will sell its remaining stock of AR-15-related parts, after which the owners will get out of the business altogether and focus on their trailer jack gearbox business.

Here is the email they sent, which includes the unfortunate recipient's email address in the link:
https://app.springbot.com/email_campaig ... @gmail.com

Rob Romano has included an image of the email in a post on Twitter.

https://bearingarms.com/camedwards/2023 ... ule-n76646

Re: US Dist Court Judge in Texas enjoins ATF from enforcement of 2021R-05 against Tactical Machining

38
The Bearing Arms article is probably right, the feds can drag this out until there is a change in US administrations.
Unfortunately, even if a majority of the court ultimately sides with the plaintiffs it could be a long time before that decision is handed down. It looks like the folks behind Tactical Machining couldn’t afford to wait for months or years for the prospect of a positive outcome in their litigation, and I worry that other plaintiffs may find themselves in the same position before long.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: US Dist Court Judge in Texas enjoins ATF from enforcement of 2021R-05 against Tactical Machining

40
CowboyT wrote: Wed Oct 18, 2023 10:10 am
sikacz wrote: Tue Oct 17, 2023 8:55 am Totally stupid. How does this affect anyone with a self made gun? Do people have to put serial numbers on their guns? And to what point? A serial number doesn’t do any good unless there is a registry.
Exactly. And registries lead to confiscations, i. e. the government officials know which houses to raid first.
This already exists. Take ANY gun purchased via a FFL/4473...with the serial number...find who made/distributed it and then sold it to whom, to what FFL...go there, look at the FFLs 'book', see who bought it...No confiscations tho...The 'loop hole' is legal private sales or gifts/sales to relatives..which is legal even in bluer than blue, Colorado(sales/girts to relatives)..

But 'registry'...with more guns 'out there' than people, how would that work? Answer, it wouldn't....People aren't going to voluntarily 'register' their guns..particularly since nobody really knows who owns what. Much ado about nothing. Almost half of the guns I have came from my sons or brother . NO 4473....

Who is online

Users browsing this forum: No registered users and 0 guests