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#1 |
Senior Member
Join Date: December 6, 2014
Posts: 6,609
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ATF Has NO Authority To Change Rules & Definitions Of Guns Without Congressional Approval
SAF and partners have filed0 a new brief in the VanDerStock v. Garland case which is litigating the "frame or receiver" rule (popularly known in the media as "ghost guns").
https://www.ammoland.com/2023/08/atf...hout-congress/ Here's the brief: https://www.saf.org/wp-content/uploa...ed-dckt-94.pdf Conclusion The district court’s decision to deem the Rule illegal in the challenged respects and award APA relief to Defense Distributed, the Second Amendment Foundation, and JSD should be affirmed, either on the grounds the district court’s decision expressly upheld or on one or more of the alternative grounds herein advanced.
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"I believe that people have a right to decide their own destinies; people own themselves. I also believe that, in a democracy, government exists because (and only so long as) individual citizens give it a 'temporary license to exist'—in exchange for a promise that it will behave itself. In a democracy, you own the government—it doesn't own you."- Frank Zappa |
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#2 | |
Senior Member
Join Date: September 5, 2004
Location: Western Slope, Colorado
Posts: 404
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https://saf.org/wp-content/uploads/2...nion-dckt-.pdf
The 5th Circuit finds in favor of the plaintiffs. Quote:
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#3 |
Senior Member
Join Date: June 17, 2010
Location: Virginia
Posts: 7,140
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"Wow....."
( what say the legal beagles here... as to potentially broader implication across other regulatory agencies/constructs ? ) |
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#4 | |
Senior Member
Join Date: December 13, 2005
Posts: 4,552
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The opening language is very bold.
Quote:
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#5 |
Staff
Join Date: March 11, 2006
Location: Upper US
Posts: 30,087
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While a triangle is one of the strongest geometric shapes, a tripod is one of the least stable support structures. As long as the dynamic forces are equal on all three legs, it serves pretty well, but if those forces become unbalanced, the supported platform can easily become unstable.
Our system of govt rests on the "legs" of the three branches, and what we seem to have in this ruling is the Judiciary calling out the Executive for usurping the authority of the Legislative branch. This is the "checks and balances" envisioned by the Founders, the idea is sound, the system is working. Whether or not this instance will work successfully is yet to be seen, but it is the way things are supposed to work. Making BS laws and regulations is how they play the game these days (possibly always was) but getting "caught" usurping the authority of one of the govt branches is one of the bigger bureaucratic sins. Now we get to see how much (or if) those responsible get spanked.
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All else being equal (and it almost never is) bigger bullets tend to work better. |
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#6 |
Senior Member
Join Date: November 13, 2006
Posts: 8,349
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I believe many people elected to office are simply ignorant of the Constitution and how the stool is supposed to work.
They go behind closed doors with lattes and croissants and creatively brainstorm workarounds. Who will say "Can't do that" ? Some don't know and some don't care. |
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#7 | |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,830
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Quote:
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NRA Life Member / Certified Instructor NRA Chief RSO / CMP RSO 1911 Certified Armorer Jeepaholic |
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#8 |
Senior Member
Join Date: October 21, 2009
Location: Quadling Country
Posts: 2,779
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They will double down their efforts on ammo now.
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Thus a man should endeavor to reach this high place of courage with all his heart, and, so trying, never be backward in war. |
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#9 |
Senior Member
Join Date: January 8, 2001
Location: Forestburg, Montague Cnty, TX
Posts: 12,774
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I wonder how many of the exclusion questions on 4473 are also invalid.
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"If you look through your scope and see your shoe, aim higher." -- said to me by my 11 year old daughter before going out for hogs 8/13/2011 My Hunting Videos https://www.youtube.com/user/HornHillRange |
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