Ghost gun limits unconstitutional.

[rogersmithiii]

US appeals court calls Biden’s ‘ghost gun’ limits unlawful

A federal appeals court on Thursday ruled that the Biden administration lacked authority to adopt a regulation aimed at reining in privately made firearms called “ghost guns” that are d…

nypost.com

 

[MaverickNH]

More on that below - there must be a dedicated thread, but I can’t find it. Take that, AFT.

Gun hobbyists (and liberty) win big in court

Fifth Circuit judges slap the ATF for making up illegal rules against homemade guns.

reason.com

"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," wrote Judge Kurt D. Engelhardt for three judges of the Fifth Circuit Court of Appeals in ruling on VanDerStok v. Garland. "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."…

"The Final Rule is limitless," wrote concurring Judge Andrew S. Oldham who agreed with the majority "without qualification" but wrote separately because he considered his colleagues insufficiently brutal to the ATF. "It purports to regulate any piece of metal or plastic that has been machined beyond its primordial state for fear that it might one day be turned into a gun, a gun frame, or a gun receiver. And it doesn't stop regulating the metal or plastic until it's melted back down to ooze."

 

[M1911]

I saw that. The judges were not happy with the AFT’s arguments.

Edited to add, here is a video of the judges responding to the AFT's lawyers on this:


View: https://www.youtube.com/watch?v=c91XUyg9iWM

 

[Palladin]

Doesn't mean the dopes in MA can't pass a law against them though

 

[MaverickNH]

Charge will be dropped for NYC council member who brought gun to rally

A gun possession charge against a New York City council member will be dropped because there is no proof the gun could fire, Brooklyn District Attorney Eric Gonzalez’s office said Friday. “Peaceful…

thehill.com

”The firearm recovered by the NYPD in this case was unloaded and missing the recoil spring assembly, rendering it inoperable, according to the NYPD’s lab report,” the spokesperson said. “In order to sustain this charge, it must be proven beyond a reasonable doubt that the weapon in question was capable of firing bullets.”

“Absent such proof, we have no choice but to dismiss these charges,” he said.”

When is a firearm not a firearm? When it can’t fire, apparently. Serialized receiver be damned!

 

[rogersmithiii]

Charge will be dropped for NYC council member who brought gun to rally

A gun possession charge against a New York City council member will be dropped because there is no proof the gun could fire, Brooklyn District Attorney Eric Gonzalez’s office said Friday. “Peaceful…

thehill.com

”The firearm recovered by the NYPD in this case was unloaded and missing the recoil spring assembly, rendering it inoperable, according to the NYPD’s lab report,” the spokesperson said. “In order to sustain this charge, it must be proven beyond a reasonable doubt that the weapon in question was capable of firing bullets.”

“Absent such proof, we have no choice but to dismiss these charges,” he said.”

When is a firearm not a firearm? When it can’t fire, apparently. Serialized receiver be damned!

That is a novel way to get a connected person off the hook.

 

[bolt]

Doesn't mean the dopes in MA can't pass a law against them though

I’d think it’s in upcoming legislation.

 

[paul73]

I’d think it’s in upcoming legislation.

what is?