The Second Amendment Foundation and its partners in a challenge of the “Final Rule” issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives redefining frames and receivers as firearms, have filed an appellee’s brief in the case, known as VanDerStok v. Garland.
Joining SAF are Defense Distributed and JSD Supply. They are represented by Houston, Texas, attorney Chad Flores.
The brief explains how ATF redefined the term “firearm” without any Congressional action. Last year, the agency announced a Rule expanding the definition of a firearm to include unfinished firearm components and kits used in the process of manufacturing a firearm. SAF and its partners are asserting ATF violated the Administrative Procedures Act (APA).
A federal district court judge agreed and concluded that ATF had acted in excess of its statutory authority and granted summary judgment.
SAF founder and Executive Vice President Alan M. Gottlieb recently promised the organization will pursue this case “vigorously” as it winds through the court system.
“This case challenges the authority of the ATF to change rules and definitions of firearms without Congressional authority,” Gottlieb said. “We simply cannot allow any federal agency to make up its own rules as it goes along, without Congressional approval.”
SAF Executive Director Adam Kraut said the foundation “expects to prevail on the portions of the Final Rule that we challenged.”
“The district court entered a judgment deeming the Rule illegal and vacating it,” Kraut said, “and we are asking the Fifth Circuit to affirm the district court’s decision to issue relief based on the APA. By promulgating the Rule, ATF has appropriated authority reserved for Congress. Such a usurpation of power is antithetical to our system of government and must be stopped.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
atf is unconstitutional appendage from irs
The IRS is unconstitutional as well.
Agreed, the ATF has way over stepped their authority. I’d blame democrats, but I really think RINO’s are to blame.
But, the same applies to silencers, pistol braces, forced reset triggers, binary triggers, bump stocks, magazines.. AR somethings… the most popular rifle in America… …
What a joke the rest of us have to keep GLADLY dumping money into our organizations… FPC, GOA .. etc…(but not NRA, sorry) to fight these NAZI’s attacking OUR constitution.
Of course it did, FBATFE exists to infringe on Constitutional rights. Agencies cannot write or alter existing law, and per the Constitution, not even Congress can write laws (regulations which limit and infringe on the 2nd) on guns. Murder, assault, rape and theft are crimes, which create victims, and that is enough. Those crimes are not even pursued and punished, however, and instead possession of verboten tools is prioritized as a punishable “offense”. It’s a clown world in direct violation of the Constitution. The government has no authority to do what it is attempting.
They’re BOTH to blame. There have been several times that the GOP held all the reins to government, and did nothing about them. Even after Ruby Ridge, Waco and gunwalking.
their way out of control communist democratic run so what do you expect
Dear ATF
You have spent years doing things to justify your existence. Now you have spent years doing things to justify your destruction. When that happens, hopefully we will see many of you going to prison or ending up on the gallows where you belong. But hey, chins up, the KGB, the Gestapo and the like, would be proud to call you their own.
Fatf
The one thing I liked about the Republican debate is when Doug Burgum pulled that little copy of the constitution out of his pocket and said, basically, this is my bible 🙂
who is Doug Burgum??? I wouldn’t watch that sham
Cut them off at the knees!
I always enjoy your posts as well as the foundational logic you build them on. In your attack on SCOTUS , abortion is a great example but one might also point out that the decision that CO2 is a pollutant is light years out of their wheelhouse. One would like to think that the individuals in this powerful position are smart enough to realize that this gas that every plant depends upon and every human expels breathing out is not a pollutant, but just a part of the circle of life. Given enough rope they would outlaw the sun, the… Read more »
When was the last time these clowns arrested someone for violating alcohol or tobacco laws? Did they pull the license of these national disgrace pushers?
According to the scotus case of Marbury VS Madison; any law that goes against the constitution is null and void. Hence, ANY, EVERY, firearm law in existence in the U.S.A. is unconstitutional and thus null and void, see; “Shall not be infringed”. Hence; congress cannot LEGALLY write any law that goes against the constitution, much more so for alphabet agencies of any kind including the atfe. The atfe is a criminal, terroristic, tyrannical, treasonous, murderous etc. organization who’s abuse of authority is well documented over decades. Every serving member, past and present, should be arrested, held without bail or bond,… Read more »
No, better yet, let’s just expose the criminality of the legal system, because THAT is the root of the Tree of Evil and is what allows politicians and such to get away with their tyranny!! Cut those roots, instead of merely hacking at the branches of evil! Without the legal system committing its atrocities against us, the politicians who hate us and want to kill us all have ZERO power or authority, because all of them are nothing but a bunch of cowards who would never dare to come to our home and try to do anything to harm us!… Read more »