Tuesday, April 23rd, 2024

Breaking News

Court Strikes Down Biden’s “Ghost Gun Rule”

Court Strikes Down Biden’s “Ghost Gun Rule”

Defense Distributed’s Case in US District Court, VanDerStrok v. Garland was just granted a preliminary injunction. The lawsuit is challenging the scope of ATF’s ability to change the definition of firearms.

According to court documents, ATF did not analyze their “Frame or Receiver Rule,” also known as Biden’s Ghost Gun Rule, under the Supreme Court’s NYSRPA v. Bruen decision.

For those unaware, the Bruen decision completely changed the legal landscape of firearms law in the US by requiring statutes regulating firearms to be rooted in the text, history, and tradition of the Second Amendment.

The judge in the case concurred with the statement and granted Defense Distributed a preliminary injunction. The case now heads to the 5th Circuit, where ATF will have to defend its position.

take our poll - story continues below
[gravityforms id="56"]
Completing this poll grants you access to DC Dirty Laundry updates free of charge. You may opt out at anytime. You also agree to this site's Privacy Policy and Terms of Use.

The 5th Circuit has recently ruled against the ATF in similar cases, including Cargill v. Garland. In that case, a panel of judges decided that ATF did not have the power to determine bump stocks were in fact machine guns contrary to ATF’s 2019 Bump Stock rule. That rule effectively banned bump-stock devices by classifying them as machine guns.

The decision in VanDerStok v. Garland could have major effects on the self-manufacturing of firearms and the ATF’s rulemaking and regulatory abilities as ATF has rewritten the federal statute to enforce their rulemaking. According to the court filings, the plaintiffs argue that only Congress can rewrite federal statue to make law, not regulatory agencies like ATF.

Official Creality Ender 3 3D Printer Fully Open Source with Resume Printing Function DIY 3D Printers Printing Size 8.66×8.66×9.84 inch


Defense Distributed had this to say:

“This is not just a blow to ATF, who pushed a new definition of ‘firearm’ at their peril. It is also a defeat for Giffords, who were the agents of this illegal attempt to expand the Gun Control Act through the APA process. Their lobbying and regulatory laundry has now spectacularly backfired.”

Defense Distributed has a history of victory against the Federal Government. In 2018, they won their case Defense Distributed v. US Dept. of State, effectively creating the current legal landscape with 3D-printed firearms and their respective CAD files shared online.

Gun-rights activists should watch this case as it goes through the courts.

Source: ZeroHedge

Or support us at SubscribeStar
Donate cryptocurrency HERE

Subscribe to Activist Post for truth, peace, and freedom news. Follow us on SoMee, Telegram, HIVE, Flote, Minds, MeWe, Twitter, Gab, What Really Happened and GETTR.

Provide, Protect and Profit from what’s coming! Get a free issue of Counter Markets today.

(Visited 55 times, 1 visits today)

Your Daily Briefing:

Fight Online Censorship!

Get the news Google and Facebook don't want you to see: Sign up for DC Dirty Laundry's daily briefing and do your own thinking!


Translate »