ATF Sees Rare Breed Injunctions as a Way to Limit Forced Reset Triggers

[Sedalia Dave]

https://texasgunrights.org/atf-sees-rare-breed-injunctions-as-a-way-to-limit-forced-reset-triggers/?utm_medium=email&utm_source=ncl_amplify&utm_campaign=260902-9_1_26_newsletter&utm_content=ncl-gP3yWHX24M&utm_term=&_nlid=gP3yWHX24M&_nhids=nc4kzSa0sn5Als

[Blackwater 53393]

This looks like a back door maneuver to narrow the number of producers of these items.

 

If it is, it’s NOT IN THE INTERESTS  of the general public.

[John Kloehr]

For clarity and context, the filing is from the IP department of the DOJ, not from the ATF. Perhaps a distinction without a difference.

 

Catching up on the Rare Breed lawsuits against other FRT makers, I see well over 100 such suits were filed and they are now largely consolidated at a district court in Texas. This consolidated action is at the preliminary injunction stage. At this stage, there is no determination of the merits, just an evaluation of several factors. The DOJ statement of interest focuses on the public harm factor.

 

This expressed "interest" is very narrow. Rare Breed agreed to not make FRTs for handguns, no other maker is bound by this limitation. The DOJ therefore asks the court to give this factor great weight in reaching a decision to keep other makers from making products for handguns until any later decision on the merits.

 

IMO, the DOJ is asking the court to impose this restriction on the rest of the industry, something it can not do by rule making without legislative support. Would be nice to see the judge slap DOJ's hand over this even if he does find in favor of a preliminary injunction on other grounds.

 

Thanks for posting this up, last I saw was only lots of court housekeeping over a long period of consolidation, and not sure when any real movement will occur.