Gun Control Lawsuit Wants ATF to Reinterpret Definition of “Firearm”

Gun Control Lawsuit Wants ATF to Reinterpret Definition of “Firearm” (Dave Workman photo)

U.S.A.-(AmmoLand.com)- Firearms Policy Coalition (FPC), Mountain States Legal Foundation (MSLF), and 80% Arms announced the filing of a motion to intervene in a lawsuit brought by the Cities of Syracuse, San Jose, Chicago, Columbia, SC, as well as Everytown for Gun Safety Action Fund and Everytown for Gun Safety Support Fund (Plaintiffs) against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Acting ATF Director Regina Lombardo, the Department of Justice (DOJ), and Attorney General William Barr (Defendants) in which they challenge ATF’s classification of non-firearm objects, sometimes colloquially referred to as “80% receivers”. The case, City of Syracuse, et al. v. BATFE, et al., can be viewed at FPCLegal.org.

The Everytown Plaintiffs’ complaint contends that the ATF and DOJ refuse to apply the statutory language found in the Gun Control Act (GCA), and as a result, fail to regulate non-firearm objects as “firearms” as they prefer under their radical gun control agenda. Their complaint further alleges that ATF has arbitrarily determined that if an object is solid in certain areas or lacks drilling and machining, it is not classified as a firearm under the GCA. FPC is intervening on behalf of itself and its members, who include producers, sellers, buyers, and possessors of non-firearm objects to ensure that their rights and interests are protected.

“The ATF and DOJ will not adequately represent the interests of FPC and our law-abiding members and supporters across the country,” said attorney Adam Kraut, FPC’s Director of Legal Strategy. “For decades, the ATF has enforced a bright-line delineation as to when an object becomes a ‘firearm’ under the Gun Control Act. The Everytown plaintiffs in this case seek to pervert that longstanding definition, enforcement practice, and public reliance interest to comport with their warped view of what a firearm is. FPC is compelled to intervene and aggressively protect the rights and liberty of millions of Americans.”

“This case is about defending the ingenuity and self-sufficiency of Americans in the face of the culture of control and dependency that is taking over our Republic,” said lead counsel, Mountain States Legal Foundation’s Cody J. Wisniewski. “The cities and gun control activists in this litigation are trying to force their own definition of a ‘firearm’ on the entirety of the United States, thereby instituting federal government control and quashing American’s ability to rely on their own skills and expertise.”

Recently, Firearms Policy Coalition has filed several major federal Second Amendment lawsuits, including challenges to New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and California’s Handgun Ban and “Roster” laws (Renna v. Becerra). FPC also has an upcoming trial in its lawsuit challenging California’s “assault weapons” ban (Miller v. Becerra).To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.


About Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.

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Cruiser
Cruiser
17 days ago

The ATFE is not a government agency, it is an anti American program posing as a government service.

JSNMGC
JSNMGC
17 days ago
Reply to  Cruiser

It is part of the Administrative State and it reports to Barr who reports to Trump. Even now, Trump is doing nothing whatsoever to stop them.

He could have won the election if he had made a phone call: “Bill, tell Regina to knock it off. Fire her after the election.”

Will
Will
20 days ago

ABOLISH THE ATF,RESCIND NFA!

USMC0351Grunt
USMC0351Grunt
20 days ago
Reply to  Will

It’s YOUR suggestion so apply your backbone and you draft up the petition and I will be the first one to sign on as a plaintiff!

Tionico
Tionico
20 days ago

i hope the briefs etc attack the Plaintiffs’ attempt and do so soundly on the issue ;f “standing”. Can ANY ONE of those plaitiffs establish beyond a reasonable doubt that they WERE directly harmed by the existence of even ONE of those “80% lowers”? How many of the plaintiffs ever had a round fired at them by anyone using one of those chunks of aluminium or plastic? Or even by one of those chunks that had beeen “finished” and built into a complete FUNCTIONAL firearm that then was used to harm that individual? AND that this “pathway” to gun possession… Read more »

USMC0351Grunt
USMC0351Grunt
20 days ago
Reply to  Tionico

What the courts need to do is immediately find these actions grossly frivolous and a violation of law charge for bringing such a travesty into the courts and fine the plaintiffs and have them reimburse the taxpayer’s for the wasting of the Court’s time.

Capn Dad
Capn Dad
20 days ago

One of Trump’s parting gifts should be dissolving the ATF. He could fire them all and move them out within 30 days. Biden would bring it back but it would take some time. We need time to organize.

Will
Will
20 days ago
Reply to  Capn Dad

I don’t think Trump really understands the problems the ATF has caused and created for law-abiding Americans. If he did he would have never nominated Chuck Canterbury for Director. He seems to surround himself with people that work against him and only want to harm the country. Why the hell that is I will never know.

JSNMGC
JSNMGC
20 days ago
Reply to  Will

I agree. I also don’t think he understands that tens of thousands of people in battleground states didn’t vote for him: After he failed to fulfill his promise to create a “2nd Amendment Coalition” After he begged for more gun control on February 28, 2018 After he ordered the BATFE to redefine words that resulted in people becoming felons if they didn’t turn-in/destroy something they purchased legally and with which they did nothing wrong A subset of the firearm community is tired of politicians lying to them. I think the above three items cost him the election and he and… Read more »

USMC0351Grunt
USMC0351Grunt
20 days ago
Reply to  JSNMGC

The problem with this country isn’t one man in the Office of the President of the United States it’s within the tens of millions of apathetic conservatives that think they know they’re right about issues involving their own personal sovereignty but don’t have a clue as to how they apply their backbone to defend it!

The left-wing is pushing for civil war but in reality they’re moving toward Revolution most citizens don’t understand or know the difference of either, nor do most understand how to accomplish the end means of either duty to God and country.

Last edited 20 days ago by USMC0351Grunt
JSNMGC
JSNMGC
19 days ago
Reply to  USMC0351Grunt

The problem is an Administrative State that is out of control and the Republican party won’t do anything about it – in fact they make it worse. Each election cycle they beg for votes and say they are pro 2nd Amendment. Then when they get control (e.g., 2017 and 2018) they do nothing. Trump nominated a BATFE Director that was so anti-gun, the Senate wouldn’t even confirm him. Trump’s anti-gun choice for AG then named an anti-gun person to be the Acting BATFE Director. The chairperson for the Republican Party is Ronna McDaniel, the niece of anti-gun Mitt Romney. She… Read more »

Last edited 19 days ago by JSNMGC
Joe
Joe
18 days ago
Reply to  Capn Dad

Agree 1000% !!

Mystic Wolf
Mystic Wolf
20 days ago

If some of these knuckleheads gave their way a length of emt conduit would be considered a rifle barrel. These anti gun wackos are just about calling everything and gun. I even had an anti gun nut call the sheriff over my having several cordless drills, she thought they were machine guns from the sou d they made. Yeah these anti gun nuts want to see this country disarmed and helpless against the onslaught of an invasion.

USMC0351Grunt
USMC0351Grunt
20 days ago
Reply to  Mystic Wolf

You should have done a form 4 and applied the $200 to get a tax stamp to show your neighbor that they were LEGAL cordless drills?

Joe
Joe
18 days ago
Reply to  Mystic Wolf

MORONS for neighbor’s !!!

Joe
Joe
18 days ago
Reply to  Mystic Wolf

You can’t fix STUPID !!!

Laddyboy
Laddyboy
20 days ago

The UNLAWFULLY CREATED BUREAUCRACY of the “atf” MUST be DISBANDED!!! Congress DID NOT create the “atf” a BUREAUCRAT in the “IRS” set up the “atf”. It is time to REMOVE the UNELECTED BUREAUCRATS that are working in the “atf” who has and IS creating “laws” ILLEGALLY!!!!!!

USMC0351Grunt
USMC0351Grunt
20 days ago
Reply to  Laddyboy

Okay so let’s petition our government for a redress of grievances and demand the closure of the ATF. I’m quite sure that if we get the millions of dollars in funding necessary to approach this case that the Second Amendment foundation and Gottlieb would be very glad to jump on board and handle it for us. (For all of you scholarly Financial Wizards the MILLIONS OF DOLLARS comes from SEVERAL MILLION MEMBERS aligning with this Petition for Redress of Greivances and by sending in ONE DOLLAR EACH!)

Last edited 20 days ago by USMC0351Grunt
USMC0351Grunt
USMC0351Grunt
20 days ago
Reply to  Laddyboy

Give WILL a chance to draft up the petition and you and I can both sign on as the first planktons to enjoin him against the ATF!

THIS IS WHERE IT ALL BEGINS! Who else is on board?

nrringlee
nrringlee
20 days ago

And in the end, after the courts have ruled, it is up to The People to just say no.

musicman44mag
musicman44mag
20 days ago
Reply to  nrringlee

That hasn’t worked out to good since the sixties. We keep loosing ground on a daily basis and the problem is that we have let the goubment have the power to have the power to rule over us. We never pulled back the reins in the beginning when we saw it starting and now it is out of control..

JoeUSooner
JoeUSooner
20 days ago
Reply to  musicman44mag

The fact that We the People did not “pull back the reins in the beginning” is itself absolute proof that we MUST do so now!

USMC0351Grunt
USMC0351Grunt
20 days ago
Reply to  JoeUSooner

WE (individually) HAVE BEEN FIGHTING ALL ALONG! The problem is getting the millions of deadbeats to join in and help us out when we need the help financially or legally, for she knows that have to fight these battles silently and alone. I’m a lifetime member of both the go a and the NRA and I donate monthly to the Second Amendment foundation and I could get no legal assistance from either organization. I posted fundraising website links and had to end up going to a loan shark to get the $10,000 necessary to get the right legal Minds behind… Read more »

Last edited 20 days ago by USMC0351Grunt
JSNMGC
JSNMGC
19 days ago
Reply to  USMC0351Grunt

Ok. Pro 2nd Amendment people were a significant subset of the group that put Trump in power. After he was elected he thanked the 2nd Amendment community and reassured us the assault on the rights protected by the 2nd Amendment was over. Trump proved to be just another Republican politician that advocated for more gun control (just like every other presidential candidate nominated by the Republican party since Dewey). He was in office just over a year before he bragged at how much more effective he would be than Obama at implementing more gun control. Thankfully, the Senate never gave… Read more »

Last edited 19 days ago by JSNMGC
JoeUSooner
JoeUSooner
14 days ago
Reply to  JSNMGC

That’s an outright lie. No idea where you got that info, but you should verify your sources MUCH more often.

JSNMGC
JSNMGC
14 days ago
Reply to  JoeUSooner

Please specifically indicate what you believe is a lie.

JSNMGC
JSNMGC
14 days ago
Reply to  JoeUSooner

Joe, Here’s the White House transcripts: https://www.whitehouse.gov/briefings-statements/remarks-president-trump-vice-president-pence-bipartisan-members-congress-meeting-school-community-safety/ If you think the people keeping the transcripts made it up because they don’t like Trump, listen to it with your own ears and watch it with your own eyes: https://www.c-span.org/video/?441884-1/president-trump-calls-comprehensive-gun-bill I wanted two things: Trump to get re-elected; and No more gun control I voted for Trump in 2016 and 2020. However, many people didn’t vote for him in 2020. They watched the “bi-partisan” briefing and saw that Trump honored his promise that he personally would “take care” of bump stocks. They saw him pontificate that finally there would be some progress… Read more »

JSNMGC
JSNMGC
14 days ago
Reply to  JoeUSooner

I posted the links – got an “Awaiting for approval” message – maybe a Mod can help.

Dave in Fairfax
Editor
Dave in Fairfax
14 days ago
Reply to  JSNMGC

JSNMGC,

I approved the comment.
ONCE AGAIN WITH FEELING:
Any comment that has more than one link in it get flagged automatically. If you want to avoid that, post a comment with a single link and then post a reply to it with the other link. It’ll game the system and you’ll get through without waiting.

JSNMGC
JSNMGC
14 days ago

Ok, thank you.

Knute
Knute
14 days ago

One can always tell who the programmers are (or were…), because they’re forever gaming the system. Back in my college days (back in the dark ages… 🙂 ) we called these; “workarounds”.

JSNMGC
JSNMGC
14 days ago
Reply to  JoeUSooner

JoeUSooner, You called me a liar. I provided the sources. I’m not going to call you names, but don’t you think you could say something like “Well, I’ll be damned. I never saw that meeting. I can understand why it would cause some firearm owners to stay home or vote 3rd party. Sorry, I was wrong.” And yes, I know that Biden will be worse. The point is, when will a Republican President not advocate for more gun control? Don’t you think it is about time? They have been doing this for 93 years. Each time, they “compromise” – meaning… Read more »