ATF moves goal posts yet again - 80% frames

[Phaedrus/69]

I struggle to see how they have the legal authority to keep changing their minds? Does Chevron Deference no longer apply to alphabet agencies?

I think that's the $64k question, and I have a hunch we'll have it answered within the next year or two.

 

[kwguy]

Once the camel got the nose under the tent with the first gun control infringements, it’s been a defensive battle ever since, trying to keep our rights intact, while generally losing ground, as opposed to simply having those rights.

 

[hso]

the legal authority to keep changing their min

Until made law and published in the Federal Register any rule can be changed because it doesn't have the force of law until published.

 

[12Bravo20]

Until made law and published in the Federal Register any rule can be changed because it doesn't have the force of law until published.

The rule change on what is considered a firearm and changes made to the frame/receiver definition was published back in August 2022.

 

[hso]

The rule change

IIRC, the Final Rule was published in April to be effective in August, but a court injunction stopped it from going into effect. I thought it was withdrawn by the ATF opening the books on it again (or I've confused it with other ATF chicanery).

 

[Pat Riot]

What really chaps my (hide) is how halfassed the DOJ & ATF is in regards to anything they do. That open letter that @hso posted shows that. Not one mention of drilling the frame, so I guess that will come later in another halfassed letter they will use to justify their BS and waste taxpayer dollars justifying their employment existence.

The letter mentions the existing cavities needed to install the trigger assembly, as if not having those cavities would make it okay to be considered a “non-firearm” and therefore a true 80% lower. What are they saying, there is some magic document or file somewhere that states an open cavity makes a non-gun a gun? Duh…thanks for the temporary loophole, morons!

 

[12Bravo20]

IIRC, the Final Rule was published in April to be effective in August, but a court injunction stopped it from going into effect. I thought it was withdrawn by the ATF opening the books on it again (or I've confused it with other ATF chicanery).

Yes the frame/receiver rule change was officially published on April 2022 and went into effect in August 2022. Yes there was at least one court injunction but that was for a specific plaintiff and did not cover the entire 80% industry. And there are other lawsuits in the system too. We will have to see how each and every lawsuit plays out on this one. I am sure the open letter will cause other lawsuits to be filed too.

 

[jmorris]

Lol.


https://ghostgunner.net/zero-percent/

 

[CapnMac]

Does Chevron Deference no longer apply to alphabet agencies?

The key element is in the "expertise" the Agencies.

The recent ruing was due to paper-pushing executive administrators creating environmental law without any academic or professional experience in the field. Ergo your degree in PoliSci did not qualify you to determine "environmental harm" and create regulations based on "environmental science."

Chevron Deference came about specifically from Chevron having actual petrochemical engineers in their employ, and not mere bureaucrats.

(AT)FE can point to any number of its personnel with all manner and depth of firearms experience. This becomes a presumption, and then requires teams o experts to haggle over fine details of language and meaning.

This is where Matt's point about how (AT)FE has taken one, partial, sentence from GCA, an expounded it into pages of notions and definitions. To then, have to expound one phrase into even more gibberish. The trick of it is in hauling the gibberish in front of a suitably precise and logical court to rule that 1+1+1+1+1 equals 5, not 1.

 

[old lady new shooter]

Braden keeps pointing out that per some rule I forget now they can't just change something, they have to clearly explain their reasoning for changing it. He explains it in the videos discussing the case, including the one I posted upthread.