Frame or Receiver (Ghost Gun) Decision

[John Kloehr]

2A win:

 

 

Edited August 18 by John Kloehr
Otto fail

[John Kloehr]

Core relief to the parties from the ruling linked above, my bold):

 

"

 

[T]he Court ENJOINS Defendants from enforcing 27 C.F.R. § 478.11 and 27 C.F.R. § 478.12(c) against Defense Distributed, SAF, or any of SAF’s current or future members with respect to Defense Distributed’s M1911 80% Frames and G80 Build Kit, Unfinished Receiver, and Grip Module.

 

"

[John Kloehr]

27 C.F.R. § 478.11 and 27 C.F.R. § 478.12(c) are the ATF definitions for "frame or receiver." This ruling only reached to an unconstitutional agency rule, no impact on any law in the GCA.

 

The court is the Eastern District of Texas under the 5th Circuit Court of Appeals. Not binding on other districts and not precedent

[Subdeacon Joe]

 

A bit of sarcasm based on a proposed bill a few years ago in California and remarks by CA State Senator Kevin deLeon.

 

The proposed legislation would have deemed any  piece of metal that was 'readily convertible" into the serialized part to be a finished firearm that required registration and serialization.

[John Kloehr]

31 minutes ago, Subdeacon Joe said:

 

A bit of sarcasm based on a proposed bill a few years ago in California and remarks by CA State Senator Kevin deLeon.

 

The proposed legislation would have deemed any  piece of metal that was 'readily convertible" into the serialized part to be a finished firearm that required registration and serialization.

 

That is obviously a 0% AR lower or 0% Glock clone. Proposed state legislation today is trying to ban the tool which can turn that into a frame or receiver:

 

 

Looks to be a very nice CNC, about $3,200. You will need to put down a $500 deposit to get on the waitlist. They may not ship to New York, California, Washington, or Colorado.

 

https://ghostgunner.net/product/ghost-gunner-3-deposit/

 

I'm wondering what software drives it (maybe Fusion?) so I could use it for more things than the available files. And a 3D printer, considering that too. All maybe next year.

 

 

[Blackwater 53393]

Another twist in Bloomberg’s panties!!  With the nose of the camel already under the edge of the tent, we can hope the roof caves in on the gun grabbers!!

[John Kloehr]

9 minutes ago, Blackwater 53393 said:

... nose of the camel already under the edge of the tent...

 

Not a bad way to look at it. The district courts are the lowest levels in the federal circuits. These are the courts which in some districts were writing universal injunctions, which is why the scope has recently become far more limited in all suits (to only the parties in the suit).

 

It is also the first step in eventually getting nationwide relief at the Supreme Court. The path is District, then Appeals, then Appeals en banc, and finally the Supreme Court. Even with that path, Duncan v Bonta has been through the full gauntlet twice already only now to be waiting for a possible third pass in the 9th Circuit after the outcome of Viramontes.

 

So absolutely, the camel has its nose under the edge of the tent. It is a win and a good win, it is not a final win yet but the government can concede if it chooses to do so.