_________________ “Finding ‘common ground’ with the thinking of evil men is a fool’s errand” ~ Herschel Smith
"The said Constitution shall never be construed to authorize Congress to prevent the people of the United States who are peaceable citizens from keeping their own arms." ~ Samuel Adams
“A return to First Principles in a Republic is sometimes caused by simple virtues of a single man. His good example has such an influence that the good men strive to imitate him, and the wicked are ashamed to lead a life so contrary to his example. Before all else, be armed!” ~ Niccolo Machiavelli
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FJB
Mon Sep 05, 2022 7:02 am
shaggy
Site Supporter
Location: Snohomish Co Joined: Thu Sep 13, 2018 Posts: 1817
[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
MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52112
Real Name: Steve
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
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:
I really hate listening to this guy, he needs to take a public speaking class:
_________________ You may be right, I may be crazy, but it just may be a lunatic you're looking for
Sat Oct 01, 2022 7:20 am
hartcreek
Location: Union Gap Joined: Sun Mar 27, 2016 Posts: 1730
Real Name: Randall Knapp
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.
If I'm not mistaken it has never been illegal to build a gun, just can't sell it without a serial #.
_________________ "The beauty of the Second Amendment is that it will not be needed until they try to take it." Thomas Jefferson "Evil often triumphs, but never conquers." Joseph Roux
Sat Oct 01, 2022 4:38 pm
Sinus211
Site Moderator
Location: Marysville Joined: Thu Mar 22, 2012 Posts: 13514
Real Name: Mike
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.)
_________________ Joe Biden is not now, nor will he EVER be, my President. Psalms 109:8 #F---JoeBiden - NRA & SAF LIFE MEMBER The NRA: Fighting Democrat Terrorists with Military-Style Assault Weapons Since 1871.
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