SUPREME COURT bound? ATF Crushed! Frame Receiver Rule VanDerStok v Garland, What is a firearm?

SUPREME COURT bound? ATF Crushed! Frame Receiver Rule VanDerStok v Garland, What is a firearm?

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Links to Attorney Tom Grieve covering Frame Receiver Rule
https://youtube.com/live/mjLQwyH-Fvs
https://youtu.be/xd7Wbk3AmxA
https://youtube.com/live/sgck2nUI-1Y

Link to VanDerStok v. Garland
https://www.ca5.uscourts.gov/opinions/pub/23/23-10718-CV0.pdf

Link to ATF Final Rule in the Federal Register
https://www.federalregister.gov/documents/2022/04/26/2022-08026/definition-of-frame-or-receiver-and-identification-of-firearms

Gun Control Act definitions of a firearm
The GCA defines a “firearm” as: “(A) any weapon . . . which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device.” 18 U.S.C. § 921(a)(3)(C).

To determine whether an object may “readily” be converted into a firearm, ATF may consider relevant factors such as (1) time, (2) ease, (3) expertise, (4) equipment, (5) parts availability, (6) expense, (7) scope, and (8) feasibility. Id. § 478.11. The Final Rule also amends ATF’s definition of “firearm” to include weapon parts kits. The ATF’s new definition of “firearm” “shall include a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive.”

“It has long been said—correctly—that the law is the expression of legislative will. As such, the best evidence of the legislature’s intent is the carefully chosen words placed purposefully into the text of a statute by our duly-elected representatives. Critically, then, law-making power—the ability to transform policy into real-world obligations—lies solely with the legislative branch. Where an executive agency engages in what is, for all intents and purposes, “law-making,” the legislature is deprived of its primary function under our Constitution, and our citizens are robbed of their right to fair representation in government. This is especially true when the executive rule-turned-law criminalizes conduct without the say of the people who are subject to its penalties. 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.” p. 2

(Interview) MASSIVE: Sheriff tells ATF NO will STOP ATF agents!
https://youtu.be/aT-DH4Zx54k

When do PARTS become GUNS and YOU go to PRISON: Law of Constructive Possession+Intent
https://youtu.be/FMLfR62nJHM

Contents of this video:

0:00 - Intro
1:03 - Sponsor
2:33 - What's going on here?
4:36 - The battle and how we got here
6:10 - Highlights
8:10 - What's under the new final rule
11:25 - Is this going to the US Supreme Court?
12:44 - What parts of the rule are left standing?
13:13 - Final Thoughts
14:06 - Quote of the Day

Attorney Tom Grieve is a former state criminal prosecutor from Wisconsin before eventually founding what is now the state's largest criminal defense firm at more than 20 attorneys. In 2019 the firm expanded into family law and added a dedicated team of professionals to further serve clients with similar aggressive and proven strategies.

Beyond the courtroom, Tom has been interviewed and appeared in numerous media outlets, ranging from the New York Times, CourtTV, Fox News, Reuters, Washington Post, National Public Radio, Milwaukee Journal-Sentinel, among many others. He is a frequent Continuing Legal Education course speaker to teach lawyers and judges in developments and the law, both in Wisconsin and nationally. Finally, Tom has also presented across the country, both online and in person, concerning the law and culture to the public.

To learn more, check out his law firm's website a www.GrieveLaw.com

Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. If you want to hire my firm to be a client, you need to do just that and hire us... not watch us on the internet. If that offends your delicate sensibilities, just stop and be an adult. If you are outside of Wisconsin and want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems. This video is for educational purposes only and any clips or images shown are under fair use.

#supremecourt #2ndamendment #guncontrol