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

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From earlier this month.

VanDerStok v. Garland
https://assets.nationbuilder.com/firear ... 1662145028

There have been multiple motions and orders since then, including a request to expand the preliminary injunction, motion to transfer, and motion for clarification.
https://www.firearmspolicy.org/vanderstok

ATF 2021R-05 thread:
ATF 2021R-05: "Definition of 'Frame or Receiver' and Identification of Firearms"

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

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You mean the ones where you need to drill out holes?
Rather than merely updating the terminology, ATF decided to regulate partial frames and
receivers. Under the new Final Rule, “[t]he terms ‘frame’ and ‘receiver’ shall include a partially
complete, disassembled, or nonfunctional frame or receiver, including a frame or receiver parts
kit, that is designed to or may readily be completed, assembled, restored, or otherwise converted
to function as a frame or receiver.”
“The only thing necessary for the triumph of evil is for good men to do nothing,”

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

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tonguengroover wrote: Thu Sep 29, 2022 9:54 am You mean the ones where you need to drill out holes?
Rather than merely updating the terminology, ATF decided to regulate partial frames and
receivers. Under the new Final Rule, “[t]he terms ‘frame’ and ‘receiver’ shall include a partially
complete, disassembled, or nonfunctional frame or receiver, including a frame or receiver parts
kit, that is designed to or may readily be completed, assembled, restored, or otherwise converted
to function as a frame or receiver.”
If you need to drill out the holes for the FCG, then the item is not a frame or receiver per GCA'68.

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

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in response to Polymer80 recently getting a preliminary injunction against the rule (https://www.thetruthaboutguns.com/feder ... iver-rule/), the ATF released a Public Safety Advisory appearing to show they are going to investigate in accordance with 2021R-05 anyway.
https://www.atf.gov/firearms/docs/guide ... s/download

Meanwhile, Polymer80 is back to selling frames and jigs, neither of which are firearms, on their site.
https://www.polymer80.com/pistols/frameandjig

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

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VanDerStok v. Garland
Frame and receiver rule 2021R-05 vacated in US District Court for the Northern District of Texas ruling.

https://www.courtlistener.com/docket/64 ... v-garland/

sbɐɯ ʎʇıɔɐdɐɔ pɹɐpuɐʇs ɟo ןןnɟ ǝɟɐs
ɯɯ6 bdd ɹǝɥʇןɐʍ
13ʞ
"ǝuıqɹɐɔ 1ɐ4ɯ" dɯɐʇsןןoɹ --- ɯoɔos0269ǝן ʇןoɔ
"ǝuıqɹɐɔ ʇuǝɯǝɔɹoɟuǝ ʍɐן sʇןoɔ" dɯɐʇsןןoɹ --- 0269ǝן ʇןoɔ
(béɟ) 59-pɯɐ

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

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Some words from the FPC on the decision:
https://www.firearmspolicy.org/fpc_and_ ... eiver_rule
sbɐɯ ʎʇıɔɐdɐɔ pɹɐpuɐʇs ɟo ןןnɟ ǝɟɐs
ɯɯ6 bdd ɹǝɥʇןɐʍ
13ʞ
"ǝuıqɹɐɔ 1ɐ4ɯ" dɯɐʇsןןoɹ --- ɯoɔos0269ǝן ʇןoɔ
"ǝuıqɹɐɔ ʇuǝɯǝɔɹoɟuǝ ʍɐן sʇןoɔ" dɯɐʇsןןoɹ --- 0269ǝן ʇןoɔ
(béɟ) 59-pɯɐ

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

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The ATF is likely correct, however, that the vacatur was overbroad. The district court analyzed the legality of only two of the numerous provisions of the Rule, which contains an explicit severability clause.
Because the agency [ATF] has shown a strong likelihood of success on its assertion that the vacatur of the several non-challenged parts of the Rule was overbroad, we STAY the vacatur, pending appeal, as to the non-challenged provisions.
The three circuit judges: 1 a Reagan nominee; 1 a W nominee; and 1 a Trump nominee.
"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

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DispositionMatrix wrote: Sat Jul 29, 2023 6:05 am Stayed by SCOTUS. 2021R-05 is back in effect.
Alito is the SCOTUS justice who oversees the 5th Circuit and DOJ appealed to him.
Order issued by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the June 30, 2023 order and July 5, 2023 final judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, are hereby administratively stayed until 5 p.m. (EDT) on Friday, August 4, 2023. It is further ordered that any response to the application be filed on or before Wednesday, August 2, 2023, by 5 p.m. (EDT).
https://www.supremecourt.gov/search.asp ... 23a82.html

The justices are technically on summer break, but they're never really off duty. The federal government and specifically the AG is a party and SCOTUS always gives them deference no matter what political party the AG is.
"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

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Reuters' interpretation:
https://www.nbcnews.com/politics/suprem ... -rcna97010

https://archive.is/rbcZH

sbɐɯ ʎʇıɔɐdɐɔ pɹɐpuɐʇs ɟo ןןnɟ ǝɟɐs
ɯɯ6 bdd ɹǝɥʇןɐʍ
13ʞ
"ǝuıqɹɐɔ 1ɐ4ɯ" dɯɐʇsןןoɹ --- ɯoɔos0269ǝן ʇןoɔ
"ǝuıqɹɐɔ ʇuǝɯǝɔɹoɟuǝ ʍɐן sʇןoɔ" dɯɐʇsןןoɹ --- 0269ǝן ʇןoɔ
(béɟ) 59-pɯɐ

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

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Notably, the Final Rule does not ban weapon parts kits or
partially complete frames or receivers. Stay App. 3-4. It merely treats them the same
as conventionally manufactured guns, “requir[ing] compliance with the
uncontroversial federal laws” that regulate the commercial sale of firearms. Stay
App. 3. The Final Rule thus allows law-abiding citizens to privately assemble guns
for personal use if they so wish.
SUMMARY OF ARGUMEN
I personally don't like ghost guns just because there's lots of idiots out there making them and there is no quality control along with serialization, no one is/can be held liable if they blow apart and kill someone due to mis manufacturing.
“The only thing necessary for the triumph of evil is for good men to do nothing,”

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

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tonguengroover wrote: Tue Aug 01, 2023 3:56 pm
Notably, the Final Rule does not ban weapon parts kits or
partially complete frames or receivers. Stay App. 3-4. It merely treats them the same
as conventionally manufactured guns, “requir[ing] compliance with the
uncontroversial federal laws” that regulate the commercial sale of firearms. Stay
App. 3. The Final Rule thus allows law-abiding citizens to privately assemble guns
for personal use if they so wish.
SUMMARY OF ARGUMEN
I personally don't like ghost guns just because there's lots of idiots out there making them and there is no quality control along with serialization, no one is/can be held liable if they blow apart and kill someone due to mis manufacturing.
Fair position. You of course have the choice not to buy one. And "ghost gun" is like "assault weapon"; it's a propaganda term by the anti-2A forces (e. g. Kevin TheLyin' in California).

However, making your own gun should never be outlawed. Again, it's the choice to do so or not that matters. There is a long American tradition of people making their own guns. If Sam Colt, Eli Remington, Oliver Winchester, Horace Smith & Dan Wesson, etc. were forbidden from making their own guns, there would be no "Liberal Gun Club". There would be no way to fight off the KKK terrorists and their ilk. There would be no way to defend one's self from a government gone wrong.

That last one, since just about everybody here is scared of another Trump presidency...EVERY LAST PERSON HERE should be for the Government not knowing where all the guns are. That means no registration. It means Constitutional/Vermont Carry. It means the ability to make your own gun if you choose to do so. Concerned about all those "Trump supporters" out there? Then we all should be for making our own.
"SF Liberal With A Gun + Free Software Advocate"
http://www.sanfranciscoliberalwithagun.com/
http://www.liberalsguncorner.com/
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Re: US Dist Court Judge in Texas enjoins ATF from enforcement of 2021R-05 against Tactical Machining

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CowboyT wrote: Fri Aug 04, 2023 5:49 pm
However, making your own gun should never be outlawed. Again, it's the choice to do so or not that matters. There is a long American tradition of people making their own guns. If Sam Colt, Eli Remington, Oliver Winchester, Horace Smith & Dan Wesson, etc. were forbidden from making their own guns, there would be no "Liberal Gun Club". There would be no way to fight off the KKK terrorists and their ilk. There would be no way to defend one's self from a government gone wrong.
Well kinda, cept they were businessmen who owned companys who hired gun designers. I'm not certain there were thousands of people out there making their own guns per se.
Come the new age where we had lathes and people had the money to buy a lathe then yes I suppose people out there do.
Personally I don't like guns made from lego's 3-D printed in some bodys garage.
https://freerangeamerican.us/oliver-win ... gunmakers/
“The only thing necessary for the triumph of evil is for good men to do nothing,”

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