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 Final Ruling on Receivers to be Released Today 
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Partial injunction issued. FPC is fighting for us (with your money?)

https://www.ammoland.com/2022/09/partia ... L_CAMPAIGN)

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Mon Sep 05, 2022 7:02 am
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Soooo..... What about braced shotguns? I find it odd that the ATF hasnt mentioned them yet.


Mon Sep 05, 2022 12:26 pm
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[smartass]Why would anyone brace a shotgun? [smartass]
Tac-14, Shockwave, etc. Not to mention any of the "other firearms" with shorter than rifle or shotgun barrels but over 26"long.
I haven't read enough of the new edict to say.

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Mon Sep 05, 2022 5:34 pm
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Well . . . technically those aren't shotguns, they are "firearms."

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Mon Sep 05, 2022 7:04 pm
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Moar update...
September 26, the judge responds to a motion for clarification of the injunction against the AFT

Here's the judge's decision:
https://www.courtlistener.com/docket/64886994/84/vanderstok-v-garland/
Quote:
Allowing ATF to apply its Rule while completing the classification of Tactical’s primary
product offering constitutes “implement[ation]” of 27 C.F.R. § 478.11 and 478.12(c), which this
Court has said are likely unlawful. And, despite Defendants’ arguments to the contrary, issuing
such an agency determination that—but for the injunction—would place Tactical at risk of an
enforcement action, qualifies as agency action taken “against” Tactical in contravention of the
current injunction. This aside, the Court considered permitting ATF to complete its classification
request should the parties agree that it would afford some relief or narrow the dispute, as
Defendants originally intimated (Defs.’ Mot. at 2). Because the parties contest the utility of a
completed classification request, the Court DENIES Defendants’ Motion and CLARIFIES that
the current injunction precludes Defendants from concluding its classification determination with
respect to Tactical’s product.


In a nut shell: The AFT has no authority to regulate 80% receivers and they need to stop trying to reclassify them as firearms while the case plays out

Unfortunately the order only applies to the plaintiffs in the case, so the next day the AFT released a letter to FFLs explaining the classification of unfinished receivers as firearms if they come with tools, jigs, and/or markings...
https://www.atf.gov/firearms/docs/open-letter/all-ffls-september-2022-impact-final-rule-2021-05f-partially-complete-ar/download
Quote:
Summary
As stated in Final Rule 2021-05F and the regulatory text, a partially complete AR-type receiver
with no indexing or machining of any kind performed in the area of the fire control cavity is not
classified as a “frame or receiver” or “firearm” provided that it is not sold, distributed, or
marketed with any associated templates, jigs, molds, equipment, tools, instructions, or guides,
such as within a receiver parts kit. 27 CFR 478.12(c), Example 4. Consistent with Final Rule
2021R-05F and the regulatory text, ATF is providing the visual aids below to further illustrate
the section of an “unfinished” item that, with further manufacture, machining, or processing, will
constitute the “fire control cavity;” the second set of visual aids illustrates the stage of
manufacture or machining at which that item becomes a receiver as defined in Final Rule 2021R05F.


Firearm:
Image

I really hate listening to this guy, he needs to take a public speaking class:

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Sat Oct 01, 2022 7:20 am
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SO company A sells the 80% and company B sells the jigs cutters and instructions.....done and legal.


Sat Oct 01, 2022 11:35 am
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hartcreek wrote:
SO company A sells the 80% and company B sells the jigs cutters and instructions.....done and legal.


OR the AFT can stop making up laws and stick to regulating what they are authorized to regulate

Quote:
The Final Rule’s redefinition of “frame or receiver” conflicts with the statute’s plain
meaning. The definition of “firearm” in the Gun Control Act does not cover all firearm parts. It
covers specifically “the frame or receiver of any such weapon” that Congress defined as a firearm.
18 U.S.C. § 921(a)(3)(B). That which may become a receiver is not itself a receiver.


https://assets.nationbuilder.com/firearmspolicycoalition/pages/6573/attachments/original/1662145028/VanDerStok_v_Garland_Order_on_MPI.pdf?1662145028

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Sat Oct 01, 2022 11:54 am
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If I'm not mistaken it has never been illegal to build a gun, just can't sell it without a serial #.

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Sat Oct 01, 2022 4:38 pm
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RocketScott wrote:

OR the AFT can stop making up laws and stick to regulating what they are authorized to regulate



:yes:

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Sat Oct 01, 2022 9:03 pm
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RocketScott wrote:
hartcreek wrote:
SO company A sells the 80% and company B sells the jigs cutters and instructions.....done and legal.


OR the AFT can stop making up laws and stick to regulating what they are authorized to regulate

"Coloring within the lines" is not in the nature of the FeralGov beast except where compelled by close oversight and harsh consequences. (No, being hauled up to The Hilll for harsh language from Trey Gowdy doesn't count.)

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Sun Oct 02, 2022 6:20 am
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