07-03-2023, 09:19 PM
More from the Judge's ruling! Excellent (and about time!!!) reasoning.
[FONT="]... Judge OConnor [also] puts ATF on the spot by rejecting the governments argument that [since] it has previously taken action against a firearm component, thus it has regulatory authority over firearm parts. But the judge observes, If these administrative records show, as Defendants contend, that ATF has previously regulated components that are not yet frames or receivers but could readily be converted into such items, then the historical practice does nothing more than confirm that the agency has, perhaps in multiple specific instances over several decades, exceeded the lawful bounds of its statutory jurisdiction. That the agency may have historically acted ultra vires [beyond its authority] does not convince the Court it should be permitted to continue the practice.[/FONT]
[FONT="]... Judge OConnor [also] puts ATF on the spot by rejecting the governments argument that [since] it has previously taken action against a firearm component, thus it has regulatory authority over firearm parts. But the judge observes, If these administrative records show, as Defendants contend, that ATF has previously regulated components that are not yet frames or receivers but could readily be converted into such items, then the historical practice does nothing more than confirm that the agency has, perhaps in multiple specific instances over several decades, exceeded the lawful bounds of its statutory jurisdiction. That the agency may have historically acted ultra vires [beyond its authority] does not convince the Court it should be permitted to continue the practice.[/FONT]
"Down the floor, out the door, Go Brandon Go!!!!!"