Thread by @HaroldWren22

THREAD FROM LAST NIGHT, PART 2: The bump stock ban, & now under Joe Biden the rule/ban on 80% frames/receivers & on pistol braces followed the exact same methodology: AFT abuse of & exceeding Chevron Deference INFERRED powers to REWRITE these laws...

The ATF had to change the definition of a machine gun in its 'determination' of what a machine gun is to write a new rule adding bump stocks to the NFA, dictating who could own them; this new 'rule' came with 10-year prison sentence & $250k fine for non-compliance.

Chevron Deference is a legal doctrine that originates from a US SCOTUS ruling in Chevron USA v Natural Resources Defense Council, Inc in 1984.

The US Supreme Court ruling in this case set forth a legal test as to when a court should defer to an Agency's interpretation of law, holding that such judicial deference is appropriate where the agency's ruling was NOT UNREASONABLE...

..so long as Congress had not CLARIFIED the law or the Agency's statutory powers on the precise issue before the court.
law.cornell.edu/wex/chevron_de…

This point is of critical importance here: Chevron Def says if the law is vague, the court hearing a case will find in favor of the Agency & their interpretation of law. THIS is the EXACT pretext being abused by ATF & EPA to FAR exceed their Statutory Authority writing laws from

..from scratch, using tortured/contorted/twisted *interpretations* of the law to revise laws already on the books, expanding them to regulate & control things NOT within their jurisdiction...

Primarily with ATF, the National Firearms Act of 1934 (NFA) the Gun Control Act of 1968 (GCA), & with EPA, the Clean Air Act of 1967 & Clean Water Act of 1972. The EPA has lost two MAJOR SCOTUS cases in the past three sessions of the court...

..wherein the cases West Virginia v EPA where SCOTUS ruled EPA exceeded their statutory authority abusing chevron to create PUNITIVE regulations on coal plants and auto makers in rewriting the Clean Air Act.
law.cornell.edu/supremecourt/t…

And in Sackett v EPA, where SCOTUS held that EPA did the same thing in abusing chevron to rewrite the Clean Waters Act illegally to create PUNITIVE regulations & expand its powers illegally.
supremecourt.gov/opinions/22pdf…

But wait: how does this relate to the ATF? They are doing the same thing at the express orders of the #illegitimate Biden Regime. Recently, a Federal Court struck down the ATF's expansion of the NFA to include bump stocks illegally added to the NFA by rewriting the NFA definition

..of a machine gun. The NFA has specific language defining what a machine gun is-- the ATF just rewrote the definition & told owners to register under the NFA & pay for a tax stamp or face 10 yrs in prison & a $250k fine. The 5th Circuit Cour of Appeals (COA) rules against ATF.

In Cargill v Garland, the 5th Circuit COA ruled that just like EPA in WV v EPA & Sackett v EPA, the ATF abused chevron & usurped the powers of Congress to rewrite the NFA.
fingfx.thomsonreuters.com/gfx/legaldocs/…

For ATF, this was the first shoe to drop & foreshadowing of what was coming. The ATF at the Biden Regime & anti-gun enterprise extremists' groups like 'Moms Demand Action' & 'Everytown for Gun Safety' & 'Brady Group' pressure, illegally redefined bumpstocks...

...& illegally added them to the NFA. The 5th Circuit COA ruled their bumpstock rule was NULL & VOID & vacated it as an illegal overreach exceeding ATF's Statutory Powers.

The decision in VanDerStock v Garland case is the SECOND MAJOR SHOE to drop. In the Federal Court's ruling, Judge Reed O'Conner who previously in this case issued several temporary injunctions against enforcement of ATF's frame/receiver rule due to...

The Plaintiffs sued on basis that ATF's 'Final Rule' on Frames/Receivers violated the Administrative Procedures Act Substantive & Procedural Requirements & exceded INFERRED powers of ATF under GCA of '68& was unconstitutional.

Please bear with me @TwitterSupport @TwitterSafety @elonmusk while i TRY to finish this thread...

@TwitterSupport @TwitterSafety @elonmusk Right away in this ruling the Court goes into deciding motions to add Plaintiffs w/ interest in the case & of PARTICULAR note is @Polymer80inc who ATF actually singled out explicitly in their press release on the new rule they sent to FFLS: Federal Firearms License dealers.

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc More on ATF illegally raiding @polymer80inc & attempting to put them out of business by destroying ability to sell their products here:
thefirearmblog.com/blog/2022/08/2…

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc After establishing full list of plaintiffs opposing the govt (ATF + DOJ + Merrick Garland), the court moves on & details it's lawful jurisdiction to hear & decide this case.

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc Pgs 23-34 discuss in detail citing other precedents the use of VERY specific technical language in definitions listed in GCA of '68 & makes the point that ATF knew publicly accepted definitions & rewrote them to CAPRECIOUSLY go after 80% frames/receivers.

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc This is the SECOND RULING AGAINST AFT recently where a Federal Court has ruled that ATF was usurping the role of Congress & Violating the Separate of Powers by writing new laws themselves for politically motivated reasons, & abusing Chevron Deference as a pretext to do so.

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc It is further noted in this thread, here, that ATF also knowingly & capriciously violated the Rule of Lenity in all of these abusive, punitive new rules designed to implement gun control. ATF & EPA are acting with Malice. See:
thefirearmblog.com/blog/2022/08/2…

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc This is an issue which is front & center today as American Citizens deal with government overreach in efforts by Federal Agencies to WEAPONIZE their power against American Citizens. Now onto the decision itself!

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc The Court finds that: "Because the 'Final Rule' purports to regulate both firearms & firearms components that are not yet a frame OR receiver & aggregations of weapon parts not otherwise subject to its authority, the Court holds that...."

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc "...the ATF HAS ACTED IN EXCESS OF ITS STATUTORY JURISDICTION BY PROMULGATING IT."

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc This NEXT part is extremely telling: the ATF & DOJ lawyers had the brazenness & arrogance to in their filing to try to tell the court it doesnt have the authority to Vacate the rule even IF it exceded its authority! Judge O'Conner is having NONE of it.

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc Judge O'Conner in his ruling goes on to say "Morever, VACATING the unlawful assertion of the Agency's authority would be MINIMALLY disruptive because Vacatur simply "establish[es] the status quo" that existed for DECADES prior to the agency's.."

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc "...the agency's issuance of the 'Final Rule' last year. Texas v United States, 40f.4th 205,220 (5th cir. 2022)."

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc Per Judge O'Conner: the ONLY true remedy is vacating the rule ENTIRELY as it if never existed.

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc It's also really amusing because this shows you the government lawyers in their arrogance argued without citation that even if they LOST, the court only had the authority to protect the specific plaintiffs here, not vacate the rule entirely. Again, O'Conner destroys that phallacy

@TwitterSupport @TwitterSafety @elonmusk @Polymer80inc In short, the ATF & DOJ KNEW they were gonna lose & that filing was a last-ditch attempt to limit the loss. And it was weak & baseless & O'Conner called it out directly. How embarrassing for the government.

This next part takes this ruling & turns that Atomic Bomb O'Connor dropped & makes it into a Hydrogen Bomb: he not only rules against ATF, but rules that @Polymer80inc can GO AFTER ATF ON SEPARATE CLAIMS OF HARM ORIGINATING FROM...

@Polymer80inc ..THE ILLEGAL ATF RAID ON @Polymer80inc & TARGETING THEM IN THEIR PRESS RELEASE TO FFL's. The ATF caused REAL DAMAGE in an attempt to bankrupt @Polymer80inc & they now have go ahead to pursue ATF.

@Polymer80inc READ THAT LAST PARAGRAPH: "As discussed, Polyermer80 may move forward for summary judgement on its unique claims..." ATF & possibly the Biden White House are in legal trouble.

The ATF isn't done being taken to the woodshed: they SINGLED OUT @Polymer80inc w/ an illegal raid/seizure & a presser trying to bankrupt them, labeling them "ghost guns". Reputational Harm occurred & O'Conner gave them the go ahead to pursue legal remedy against ATF & Biden.

And now for the finale: the legal loophole ATF & EPA have been abusing to create these rules that illegally REWRITE LAWS in place of Congress, Chevron Deference, is about to be ENDED PERMANTLY.
politico.com/news/2023/05/0…

I want to thank @gunpolicy & the Second Amendment Foundation @2AFDN for seeing this through & fighting SO HARD as #lawfare warriors for our Liberty! Happy #4thofJuly !🇺🇸 #merica

And, the fabulous @TheLibertyDoll has more on this Huge ATF loss over here:

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@TheLibertyDoll @threadreaderapp Anybody home @threadreaderapp ?

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