Seymour Flops
Diamond Member
Prosecutorial discretion has long been a perogative of prosecutors. Sometimes lawmakers want to stop the use of it for certain crimes, so they mandate minimum sentences. Prosecutors can honor those mandates, or they can get around them, by charging lesser crimes. For example, they could charge a person with what would be a felony weight of narcotics with possessing a misdemeanor weight, to avoid what they see as an overly harsh mandated sentence.
Such discretion has been taken to extreme by Democratic prosecutors in the last few years, especially those elected prosecutors backed by Dem power brokers like George Soros.
ATF has taken this discretion in a different and ugly direction. It is taking it upon itself to re-define terms in laws passed by congress to regulate firearms.
The countryâs largest unfinished firearm parts maker is no longer subject to President Bidenâs ban on homemade gun kits.
On Sunday, Judge Reed OâConnor of the U.S. District Court for the Northern District of Texas, a George W. Bush appointee, decided the Bureau of Alcohol, Tobacco, Firearms, and Explosive (ATF) canât enforce its new âghost gunâ rule against Polymer80. He found the ATF exceeded its authority when it attempted to reinterpret what constitutes a firearm in order to restrict sales of unfinished parts and homemade gun kits.
âThe Final Ruleâs redefinition of âframe or receiverâ conflicts with the statuteâs plain meaning. The definition of âfirearmâ in the Gun Control Act does not cover all firearm parts. It covers specifically âthe frame or receiver of any such weaponâ that Congress defined as a firearm,â Judge OâConnor wrote in Polymer80 v. Garland. âThat which may become a receiver is not itself a receiver.â
The ruling comes just a few weeks after Judge OâConnor issued a similar order in a separate case involving several other major makers of unfinished gun parts. It further restricts the ATFâs ability to enforce its âghost gunâ rule, dealing a blow to President Joe Bidenâs attempts to unilaterally implement new gun restrictions through ATF rulemaking. Taken together with the full Fifth Circuitâs decision to strike down the bump-stock ban, it also spells more bad news for President Bidenâs more recent pistol-brace ban.
thereload.com
Maybe gun parts should be regulated just as heavily as guns. Gun parts, by definition can be made into guns if enough of them are gathered and properly assembled. If that's what you believe write your congressman and tell them to change the law.
If you cheer because the ATF is making up fictitious laws and you like the fictious laws, don't be shocked with the next administration starts making up their own that you don't like.
Such discretion has been taken to extreme by Democratic prosecutors in the last few years, especially those elected prosecutors backed by Dem power brokers like George Soros.
ATF has taken this discretion in a different and ugly direction. It is taking it upon itself to re-define terms in laws passed by congress to regulate firearms.
The countryâs largest unfinished firearm parts maker is no longer subject to President Bidenâs ban on homemade gun kits.
On Sunday, Judge Reed OâConnor of the U.S. District Court for the Northern District of Texas, a George W. Bush appointee, decided the Bureau of Alcohol, Tobacco, Firearms, and Explosive (ATF) canât enforce its new âghost gunâ rule against Polymer80. He found the ATF exceeded its authority when it attempted to reinterpret what constitutes a firearm in order to restrict sales of unfinished parts and homemade gun kits.
âThe Final Ruleâs redefinition of âframe or receiverâ conflicts with the statuteâs plain meaning. The definition of âfirearmâ in the Gun Control Act does not cover all firearm parts. It covers specifically âthe frame or receiver of any such weaponâ that Congress defined as a firearm,â Judge OâConnor wrote in Polymer80 v. Garland. âThat which may become a receiver is not itself a receiver.â
The ruling comes just a few weeks after Judge OâConnor issued a similar order in a separate case involving several other major makers of unfinished gun parts. It further restricts the ATFâs ability to enforce its âghost gunâ rule, dealing a blow to President Joe Bidenâs attempts to unilaterally implement new gun restrictions through ATF rulemaking. Taken together with the full Fifth Circuitâs decision to strike down the bump-stock ban, it also spells more bad news for President Bidenâs more recent pistol-brace ban.
Judge Blocks Feds From Enforcing âGhost Gunâ Ban Against Polymer80
The countryâs largest unfinished firearm parts maker is no longer subject to President Bidenâs ban on homemade gun kits.
thereload.com
Maybe gun parts should be regulated just as heavily as guns. Gun parts, by definition can be made into guns if enough of them are gathered and properly assembled. If that's what you believe write your congressman and tell them to change the law.
If you cheer because the ATF is making up fictitious laws and you like the fictious laws, don't be shocked with the next administration starts making up their own that you don't like.
