ATF Gets another Beat Down

[Omega]

And the hits keep coming for the ATF

 

[midtennchip]

Unfortunately, that was a short-lived victory.  SCOTUS today overturned the Order (which prevented the ATF from enforcing the rule while the case is on appeal).  In a 5-4 decision, SCOTUS allowed the ATF to continue to regulate gun parts (like 80% guns) until the case goes through the full appeals process.   We will see what the 5th Circuit does and, if appealed from there, what SCOTUS will do with the case on its merits.  But for now, the ATF can continue to regulate these parts.

Justice Roberts again sided with the more liberal members of SCOTUS to give the ATF a preliminary "win" in this case.  

[TGO David]

2 hours ago, midtennchip said:

Unfortunately, that was a short-lived victory.  SCOTUS today overturned the Order (which prevented the ATF from enforcing the rule while the case is on appeal).  In a 5-4 decision, SCOTUS allowed the ATF to continue to regulate gun parts (like 80% guns) until the case goes through the full appeals process.   We will see what the 5th Circuit does and, if appealed from there, what SCOTUS will do with the case on its merits.  But for now, the ATF can continue to regulate these parts.

Justice Roberts again sided with the more liberal members of SCOTUS to give the ATF a preliminary "win" in this case.  

UGH!!!

But, it's nice seeing you posting @midtennchip!  

[Defender]

 

2 hours ago, TGO David said:

UGH!!!

But, it's nice seeing you posting @midtennchip!  

Yet again, Roberts leans left, but I’m surprised that Barrett did too.

[Garufa]

46 minutes ago, Defender said:

 

Yet again, Roberts leans left, but I’m surprised that Barrett did too.

Maybe they’re just letting the judicial system do its thing until the matter reaches SCOTUS for a final ruling.

 

[Chucktshoes]

26 minutes ago, Garufa said:

Maybe they’re just letting the judicial system do its thing until the matter reaches SCOTUS for a final ruling.

 

I believe that to be the case. There are also other pending cases that may have a great impact without being thought of as directly 2A related such as the re-evaluation of Chevron Deference. 

[Wheelgunner]

This is a what I've been saying for more than a year (and what I told the ATF in writing during the review and public comment period for the proposed regulation). 

If you are an executive branch government agency and your enabling statute (pursuant to which you are proposing new regulations) uses a word, you cannot broaden your rulemaking authority to other stuff by simply assigning a new definition to that word via regulation.