Seventeen States Join GOA as Plaintiffs Against ATF’s New Firearms Rule

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Seventeen States Join GOA as Plaintiffs Against ATF’s New Firearms Rule

FARGO, ND -(Ammoland.com)- Seventeen state attorney generals have signed on as plaintiffs to the Gun Owners of America’s case against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and its new rule surrounding the redefinition of a firearm.

The states that have joined the case are Arizona, West Virginia, Alaska, Arkansas, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, and Wyoming. The 17 states claim that the ATF final rule violates the authority of the government agency.

After President Joe Biden became president, he demanded the ATF develop new regulations surrounding unfinished frames and pistol stabilizing devices which he called “ghost guns.” A month later, the Bureau unveiled a new rule for a public comment period. Almost 300,000 public comments were submitted to the National Registry. Most of the comments were against the new rule.

Even though most comments took a stand against the new regulation, the Bureau moved forward with crafting the rule. President Biden unveiled the rule surrounding firearms in the White House Rose Garden with soon-to-be ATF Director Steve Dettelbach and David Hogg in the audience.

Instead of clearing up confusion, the final rule muddied the water with contradictions and vagueness. The regulation also might violate the Administrative Procedures Act (APA). This ambiguity and questions about the law’s Constitutionality led GOA to sue in North Dakota in Federal District Court. The original plaintiffs that joined GOA are Bridge City Ordinance, a local gun shop, and North Dakota resident Eliezer Jimenez.

GOA’s 168-page complaint attacks the rule on every facet of the new regulations and is an accumulation of months of work. GOA has a track record of defending the gun builder community by defending companies such as JSD Supply which was served with a cease-and-desist letter to try to get the company to stop selling unfinished frames. GOA lawyers forced the ATF to resend the order allowing JSD Supply to continue selling its full line of products.

GOA and the other plaintiffs are suing for an injunction to prevent the new rules from going into effect. The new regulation is due to go into effect in less than a month. If it isn’t stopped, the privately manufactured firearms (PMF) industry will be in peril since, according to the rule, even if a person buys parts from multiple companies, those companies can be charged with “structuring,” which until this rule was a financial crime dealing with money laundering.

Two landmark Supreme Court cases have further boosted GOA’s efforts. The NYSPRA v. Bruen eliminated the two-step test in firearms cases. Before Bruen, courts could sway from the original text and history of the Second Amendment to make their decision in gun cases. Anti-gun judges used the two-step process to restrict firearms. Now the courts must only rely on the original text and history of the Second Amendment.

The second SCOTUS case that might affect GOA’s case is WV v. EPA. This groundbreaking case didn’t eliminate Chevron deference but severely curtailed it. Chevron deference means that a court may not substitute its own interpretation of a statute of a government agency. The ATF used Chevron for this rule and the upcoming pistol brace rule, which is expected by December.

If GOA is successful, the rule will be put on hold until the courts can decide its Constitutionality.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

John Crump

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Ope

As usual Florida is no where to be found. The same with Desantis and constitutional carry. Them good people of Florida deserve so much better.

Russn8r

Will OpeTEX apologize when DeSantis signs CC in early ’23?

As usual ABBOTT’s AWOL on banning ‘gun free’ zones & child sex changes & making vote fraud a felony again in TEXAS after cutting it to misdemeanor.

Them good people of TEXAS shore do deserve so much better than ABBOTT & his sidecuck PHELAN!

Last edited 13 days ago by Russn8r
Orion

having just read GOAs filing i must say…. it’s impressive. now then, if only they can get an open minded judge to hear the case.

Bubba

I think it’s the right time for SAF and GOA to see if they can get a Fast Track to SCOTUS to deem the ATF unconstitutional and force it into oblivion.

hoss

I have an idea, lets take ALL the oath breakers march em up 13 steps, and trip the lever.
The NEW WORLD ORDER can’t take over as long as we the FREE citizens of the US have guns!

Wild Bill

If we would hand George Soros over to the Russians, for interfering in our elections, our financial system, our legal system and our culture, then other Liberal World Order elitists would get the message.

StLPro2A

“That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants.” – the late Col Jeff Cooper.

john

Let’s be real Joe Biden read then followed directions from his handlers, Most likely the ATF wanted to source gun parts and layed that out as a new necessary provision to inforce another issue on manufactures to add more power to that agency., We know understand that the ATF was given power that it should not possess as it criminal behavior becomes more evident the law suites should pile up. Manufacturers of firearms need to up their game and go on the attack publicly calling out the ATF making the argument two sided. If Joe Biden has to answer any… Read more »

willyd

his ismthe next thing that should be brought beforethe Supreme Court and have the ATF CASTRATED like what they did to the EPA, they were not set up to do laws not verified by Congress, another alphabet goverment agency that should be done away with!!!!!!!

TNJEWBOY

Cut off the money for all alphabet soup agencies.

nrringlee

And on another front we need to start educating potential jury pools on one critical concept: jury nullification. Reference the failed prosecution in US v Sussmann where a federal grand jury heard compelling evidence proving Sussmann lied to the FBI but simply returned a verdict of “we don’t care because Sussmann meant well.” The same holds true here. When the federates convene a federal jury in Phoenix or in Salt Lake City to try some innocent gunsmith or manufacturer our jury pool is loaded up with liberty loving sentiments just like the jury pool of the DC circuit is loaded… Read more »

Wolf44

Where the hell is Michigan in this lawsuit? With it being a sportsmen”s state with hunting and fishing galore we should be included. Buut wait we have a Demorat for govenor. Nuff said.

KDad

Just like Colorado (Colofornia), with the DemocRATs in total control !

Green Mtn. Boy

Shall Not Be Infringed,guess the ATF can’t read or comprehend English.

Ope

The only time the 2A would be important to these traitors is if it were their constitutional rights being infringed on.

Terry

Or if you’re Hunter Biden. They ain’t gonna infringe his ass.

willyd

Don’t want him to go on trial until Uncle Joe is out of office, don’t want to have him getting a Presidential pardon from DADDY!!!!!!!!!!

StLPro2A

When Hunter finally goes to trial, whatever he gets in prison years, remember 10% always for the Big Guy. At Slo Joe’s age, mental condition, that ought to just about be right for him…..life in prison.

swmft

when they are marched to gallows

Bubba

Pick me
Pick me.
I want to pull the lever.

WeWereWarned

The 2nd Amendment means that we armed Citizens have more of a right to make it home to our families, over a just following orders socialist enforcer, who is paid and allowed to safely violate the Constitution. Sir, older folks made shall not be infringed the same as saying a man can be a woman, or a White person can be a nonWhite, in other words bull excrement. The older conservatives have made it to where a just following orders socialist can hurt our Liberty or murder us armed Citizens for exercising our right to be armed. I have a… Read more »

Last edited 17 days ago by WeWereWarned
musicman44mag

Down voted you because you never add democrats to any of your posts. They are the starting point and yes there are turncoat RINOs but it is not fair to blame one political party.

You still have not said which state you live in that is supposedly the only state that still segregates according to you.

Wild Bill

If they did, they would not have a job!

swmft

alcohol and cigarette tax enforcers