The Fifth Circuit Court of Appeals issued a landmark decision in VanDerStok v. Garland, overturning the ATF’s “frame or receiver” rule and marking another significant victory for 80 Percent Arms.
The court criticized the ATF for overstepping its regulatory authority, effectively accusing it of rewriting the law without proper legal basis. The court creatively used the “cakes that look like food” internet trend as an analogy to illustrate its point on gun regulation by drawing a parallel between a cake that looks like a hamburger, or like a gun, is not a hamburger or a gun. This comparison highlighted the ATF’s flawed approach, where regulations were applied not just to genuine frames and receivers, but also to items that merely resembled them.
Judge Oldham wrote an opinion supplementing the majority’s findings in order to explore additional problems with the Final Rule, where he says “The Final Rule is limitless… The GCA allows none of this.” Judge Kurt Engelhardt, also supporting the majority opinion stated, “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.” He further clarified that the expansion of firearm regulation and the criminalization of actions that were previously legal are not sanctioned by Congress, rendering the proposed rule an unlawful agency action that goes against legislative intent.
The court firmly concludes that until Congress modifies the Gun Control Act, the ATF must adhere to the existing statutory limits. The Final Rule, according to the court, crosses those boundaries, resulting in the ATF essentially rewriting the law, a move that is not permissible, particularly when it leads to the broad imposition of criminal liability without legislative input.
However, it’s important to note that despite the court’s ruling, the “frame or receiver” rule remains active due to a stay by the Supreme Court from August 8th.
The Supreme Court’s intervention means that the Final Rule will remain in effect until the legal proceedings are concluded. In all likelihood, the ATF will appeal again to the Supreme Court, where the court can either refuse to hear the case or agree to review it. If the Supreme Court agrees to review the case, it will involve a thorough examination of the legal and factual aspects as presented in the lower court’s records and additional briefings submitted to the Supreme Court. After reviewing the case, the Supreme Court would issue a binding final judgment.
Despite this victory, at 80 Percent Arms, we recognize the ongoing challenges ahead, particularly with the Supreme Court’s stay keeping the ‘frame or receiver’ rule active during the litigation. We remain undeterred, committed to continuing our fight against government overreach, and ready to confront the ATF’s likely appeal to the Supreme Court. Our team is prepared to put forward a vigorous legal battle, should the Supreme Court choose to review the case. Our steadfast commitment and determination to uphold the rights and interests of our community and industry remains resolute.
Fifth Circuit Panel Hands B… by AmmoLand Shooting Sports News
About 80% Arms
Established in 2013, 80% Arms is proud to be the leading 80% manufacturer in the nation, producing the most reliable and effective components for the DIY builder. We’re honored to have enabled tens of thousands of Americans to exercise their 2nd Amendment rights while supporting and fighting alongside grassroots 2A advocacy groups.
What’s infuriating is that the court is measuring what an illegal rogue agency can get away with according to a completely illegal and unconstitutional abortion of legislation which is the GCA. Neither things have a right to exist.
The Second Amendment of the US Constitution says we have a Right to firearms which shall not be infringed. Where in the US Constitution does it say the ATF or the FBI even have a Right to exist? Yeah, thought so.
No it doesn’t!! It says that we have the Right to keep and bear arms, meaning any kind of a tool we may choose to use to help us in self defense or put down tyranny. The term “firearm” is a word that was made up to put into laws that curtail our freedoms! The term “firearm” can even mean just a spring or screw that is used as a part of a gun!
You need to get some education in how the legal system works and is used against us by tyrants, both petty and large.
People seem to have a serious problem getting anything they read correct. Like CBW thinking that “arms” only means firearms. It makes me wonder why he doesn’t go for the idea that it means that no authority figure is to come and cut your arms off. One’s actual physical arms. The limbs attached to one’s shoulders.
If he needs to get it wrong, why not go all the way? At least that has some comic relief to it! 🙂
And some people seem to have a problem thinking logically. Yes, you are correct in that the constitution does not specifically state we have “a Right to firearms”. Then again CBW did not have it marked as though he was quoting it verbatim. What the second amendment does state is: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” To shorten it down, as many people do, it gives us the right to arms. Since most people consider firearms to fall under… Read more »
I have a novel idea! Let’s just make murder illegal and not worry about “things” that people use to murder. Since there are more deaths caused by strikes with hands and feet, we need to simply outlaw murder. Now if that would happen, of course no one would murder because a law says it’s not supposed to be done! So MURDER will stop instantly once the law is passed! SEE…isn’t it simple? Forget things like frames and receivers because they are hardly ever used as a weapon to harm anyone. Well, I stand corrected. I just did a search and… Read more »
You forgot to add “with the assistance of the DOinJ, FBI, CIA and DHS. From Whistle Blowers all of these BUREAUCRATS — KNEW — about the gun running!! Which brings up the subject of these “mass murders”. VERY OFTEN the ATF KNEW the TERRORIST. VERY OFTEN the TERRORIST was on a MIND ALTERING DRUG issued by a Doctor. Where IS the RESPONSIBILITY of these INDIVIDUALS and these groups!?!?!?
Uh, been there done that…”Thou shalt not kill”,,,,not working…..Murder 1, Murder 2, manslaughter et el…..not working…..23,000+ anti-gun laws…..not working. Politicians with laws never stop bad guys with guns, evil intent. They only control the good guys, which is their true agenda. But, just one more anti-gun law should do it. Insanity is doing the same thing over and over expecting a different outcome. Yeah, that’s politicians in one sentence. Proving Libturdism is a negative mental condition. Evil exists…always has, always will until the final chapter comes to pass. Hint: I’ve read ahead, the last chapter…..GOD WINS!!! Until then, I have… Read more »
AK-47 Frames have been made from Flat Shovels, Shotguns from Steel Water Pipe, and IED’s from discarded 20 pound Propane cylinders. So we are all guilty if we live in a home and have a Propane BBQ, or shop in Home Depot.
But can we make powder and primers from scratch?
Yes! You sure can! The recycled primers may not be as reliable as the ones you buy in a box from some gun shop, but they are better than nothing at all! If the round doesn’t fire when you pull the trigger, you just eject it and try again! Many years ago, I went rabbit hunting with a friend out behind his house one day, and I brought only the ten bullets that were in my Ruger because he said that he had ammo for us to use. After my ten were gone, I reloaded the gun with some of… Read more »
I’m no grammar nazi, but I’m betting that you loaded cartridges into that Ruger, and not “bullets”. One loads bullets into a muzzleloader or a cap & ball pistol. Or into cartridge casings. Bullets are the lead balls. The projectile only. One doesn’t load bullets into a magazine, unless it’s the Ghiradoni air rifle that went west with Lewis & Clark back at the turn of the 19th century. Bullets load into chambers or cases, and not into magazines, nor into “clips” either. Clips hold cartridges… not bullets. Clips are for loading non-detachable magazines, which are probably a permanent a… Read more »
It’s one of those things that happens to language over the years. For instance, do you use the word “dollar” to describe the pieces of paper that you use to buy and sell things with? They are not “dollars” Dollars are weight and measure of a substance. Do you call the power plant that moves your automobile down the road an engine or a motor? Electric automobiles have motors, gasoline and diesel powered ones have engines. Typically a “clip” or “magazine” are mistaken in the same way. Bullets and cartridges, same thing. In the case of a Ford automobile with… Read more »
That is the problem. What words meant in the 16th century is not what they are meant today. Are you Gay, or are you gay? The first Gay is a mixed up mind of an individual. The second gay is a synonym for HAPPY. Ain’t Language FUN?
And, until the last few years f@g in England meant a cigarette, and a f@ggot was piece of firewood.
Not to slam what you said. But three of the auto manufacturers, back when they only made gasoline and diesel engines, were called Ford MOTOR Company, American MOTORS, and General MOTORS Corporation.
garand thumb and all
The Chineese did 5,000+ years ago……
LOL. I want a cake that looks like the parts to make an AR15 into a fully auto gun like the “Weapons of War” they claim we have on our streets today. Take a picture, send it to the ATF and say happy July 4th, 1776, we have illegal parts here, come and get em. LOL A cake that looks like a burger or a gun. Might as well be a Poptart. Gotta laugh at the insanity of the left. It looks like now the rooster is coming to roost and he is pointing out rules that were disobeyed and… Read more »
My oh my! Do you have to state SO MUCH TRUTH in such a short comment?!?! It aggravates me that the ATF was made by a MEMO of an IRS bureaucrat. BY LAW — the ATF, NFA, GCA and tentacles MUST be CLOSED for business. CONGRESS did NOT MAKE the ATF, NFA, GCA!!! Therefore these bureaucracies ARE UNLAWFUL. Thus, all of the DREAMED UP regulations and rules they LOVE to apply, under the color of law, are UNLAWFUL — ACCORDING TO OUR AMERICAN CONSTITUTION!!!
Thanks for the kind and honest words. I question the questioning of the validity of the ATF. The fact that it started as part of the revenue division and then changed hands twice is all fishy to me and I do not know the black and white legality of it all and I am not a lawyer and I never slept at a holiday in, but I do know this! Under the legislative branch of the government, only the legislature can create laws. The ATF is now an agency of the Justice Department which is part of the executive branch… Read more »
Careful. There’s a guy in prison right now for selling pieces of sheet steel with an image of a part supposed to make ARs fully auto, that DIDN’T WORK when the AFT tried to cut it out and use it. They changed the design until it did work, and put him in prison. What a travesty.
So sad you are right. I don’t know how they can get away with that, just like Trump guilty of holding documents, Obiden not guilty for over 50 years of doing the same thing but had no authorization until he stole the election recently? Something is going to give at some point. This isn’t right. Eventually they are going to make the wrong move which will be the final straw and people that lost legal challenges because of a corrupt system will lash out and I know that is what the obiden administration wants so they can legally justify using… Read more »
WHO gets to determine what 80% of anything is, without a standard of some kind to use as a comparison point? If you are buying some meat down at the grocery store, you pay for it by the pound. If you are buying 80% of a pound, you can measure that out, right? And every store you go to will have a scale that is calibrated to the same standard, so that when you buy your 80% of a pound of meat in one place, it’s the exact same weight as at another store, capice?? So if we can measure… Read more »
Your statement reminds me of the dollar. I have a “silver certificate” that says there is deposited in the US Treasury one dollar in silver payable to the bearer on demand and then a newer one says one silver dollar payable to the bearer on demand. It can’t be both. One is calling the silver a dollar and the other is calling a dollar silver. Since it is a weight of measure it can only be one dollar in silver. They screw with our language to the point that no one knows what anything means. Keep the logic coming Logician.… Read more »
That is why One must observe the THUMBS of the Weigher at all times!
Fatf!
The stay SCOTUS put in makes it a conumdrum or sorts to reconcile the issue at hand. They know ATF cannot re-craft the GCA, so why did they stay ATF ruling?
Something is a wee bit off folks, not adding up.
Now the 5th ckt strikes out all of the ATF ruling for the exact reason I stated above, yet the SCOTUS pro-ATF stay cannot be vacated until the issue comes back to SCOTUS.
SCOTUS issued the stay because they object to district courts issuing nationwide blanket injunctions. They could have shot down some leftist rulings, but chose to knock down something the left would agree with. Eventually the ATF will get destroyed on this – but at same time SCOTUS setup to stop inferior courts from issuing nationwide rulings – which usually undermine our rights. Not saying I agree with their ruling, but they could not really uphold nationwide injunction when with contrary lower court rulings – until they go through the entire circus of hearing the case. Personally I believe that when… Read more »
Thought the exact same thing at first, however, because the 5th circuit has ruled differently, and Barret put in a “Stay.” It sets up the condition for an “Imminent Harm Standing.” In short it sets up a condition for rectification with an urgency assigned to it. It may be recorded in history as a pretty shrewd move by Barret.
“Shall not be infringed” isn’t really a term taken seriously by the justice system nor the majority of congress. Conditional infringement is the future. Unless of course we don’t tolerate it. Sure we are lucky on the outcome of this case. Will we be next time? What will 80% Arms do when the FBI calls for the records of customers? Ethically they should destroy them now. They won’t. What are you going to do when the BATFE and the FBI are knocking on your door about your jig and lowers?
What will many of us do? The same thing the founding fathers did at Concord Green.
Actually the whole of the bill of rights are not being taken seriously by the “JUSTUS” system nor the majority of congress, the senate, the president, the state houses down to the local dog catcher.
We The Little Peeps should issue the FINAL JUDGEMENT in any Constitutional issue. Sadly, we continue to acquiesce and adhere to …”Play by the enemy’s rules, lose by the enemy’s rules.”
Not sure where everyone has been, but the 2nd amendment does not mention firearms per say, as it states to bear arms. The reason why is because this would include ANYTHING which can be used as arms. Our forefathers were very wise men and the words they chose. Also, a California judge ruled that an AR 15 lower unassembled or 80% is not a firearm by ATF 18 U.S.C. § 922(a)(3). The legal definition of a firearm is laid out in the 1968 Gun Control Act. That law’s definition includes not only what most people would think of as a… Read more »
I post and I post and I post some more, but no one seems to get it, that it’s the 100% corrupted legal system that is to blame here! Without that corruption and criminality in the legal system, and the people just tripping over their own feet in a mad rush to appease the crooks who run it, we wouldn’t see even ONE anti-gun law anywhere! Since when do criminals get to give us orders?? Without a written guarantee of actually getting a fair trial, what is the point of having any at all?!?! Is that concept really so hard… Read more »
Another word would be sadomasochist.
or better yet…