80% rule unlawful - 5th Appeals court slams ATF

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5th Circuit Panel Unanimously Finds ATF’s 80 Percent Firearm Frame Rule ‘Unlawful’
5th Circuit Panel Finds ATF's 80 Percent Firearm Frame Rule Illegal (breitbart.com)

Excerpts from the article:
A three-judge panel for the United States Court of Appeals for the Fifth Circuit decided on Thursday against the ATF’s 80 percent frame rule, finding that the ATF overstepped its bounds in issuing it.
All three judges on the Fifth Circuit panel decided against the ATF’s rule.

Engelhardt wrote the court’s opinion and noted:[INDENT]The agency rule at issue here flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy. Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will.[/INDENT]

Oldham, concurring, pointed to what he saw as the ATF’s core blunder: “ATF’s foundational legal error is that it conflated two very different statutes: the Gun Control Act of 1968 and the National Firearms Act of 1934. Those two statutes give ATF very different powers to regulate very different types of weapons.”