2A Newsletter: Week of July 28th

5th Circuit of Appeals Shuts Down the ATF on Frame/Receiver Rule

5th Circuit of Appeals Building. Photo Source: Danny G0361 via Shutterstock

In a recent unpublished order, the 5th Circuit Court of Appeals rejected the ATF's request for a stay of a prior judgment that vacated their "Definition of 'Frame or Receiver" and Identification of Firearms" rule. Unpublished orders are court decisions that don't create binding legal precedent, but still hold authoritative weight in the specific case. In plain language, they're the court's way of saying, "This is our decision, but don't cite this as a rule for future cases."

How the 5th Circuit made themselves clear:

"Because the ATF has not demonstrated a strong likelihood of success on the merits, nor irreparable harm in the absence of a stay, we DENY the government’s request to stay the vacatur of the two challenged portions of the Rule."

Furthermore, the court expedited the appeal to the next available oral argument calendar which is slated to begin September 7th, 2023. Expedited appeals are unusual and typically indicate the court believes the matter is of significant importance and needs to be resolved quickly. The court's decision to fast-track this appeal underscores the weight of our Second Amendment Rights against Biden's tyrannical ATF. 

These developments, while specific to the case, could have far-reaching implications for the future of 2A rights. We at 80 Percent Arms are grateful for your continued support as we fight to uphold your rights. We also ask that you stay updated through the Firearms Policy Coalition's case tracker and our ATF Ruling FAQ page as the situation could always change overnight. 

That's not acceptable to Biden and his puppeteers, as he's now asking the Supreme Court to stay the Texas federal judge's decision and for the highest court in the land to reinstate the ATF rule which would redefine 80% lower receivers and frames as firearms. The Biden Administration is arguing that ruling is necessary to prevent harm to public safety.

What they're really saying is that they are unwilling to give up their unchecked powers in regulating your 2A rights and a wide variety of additional rights through other three-letter government agencies. Now is not the time to be complacent. 

Biden is trying to sneak in Undetectable Firearms Act under National Defense Bill

Photo Source: Imilian via Shutterstock

*Update 7/28/2023 @3pm CST: The 2024 Military Defense Budget Bill has already passed through the Senate...

In an additional concerning, yet unsurprising turn of events, Biden and his cronies are attempting to slip the Undetectable Firearms Act (UFA for short) under the umbrella of the National Defense Bill (not the first time). The Act, which was first introduced in 1988, aimed to prohibit the manufacture, sale, or possession of firearms that aren't detectable by walk-through metal detectors (thanks to Die Hard and other Hollywood movies). 

Our core concern is the vague and outdated language of the law, which now poses a threat to the growing and ever evolving firearms industry. 

Photo Source: WhiteHouse.gov

Here's the problem: The maneuver was executed without committee deliberation or an amendment vote, raising alarm among the groups that fight for the Second Amendment. Gun Owners of America (GOA), has consistently opposed the Undetectable Firearms Act in 1988, 1998, 2003, and 2013, seeing this move as an insidious attempt to restrict gun rights.

Ramifications the UFA would have under the current administration:

The UFA ambiguously outlaws "undetectable" "major components", without clarity on what qualifies as a "major component". GOA offers a very informative video which delves into the absolute nightmare these new definitions would create. 

Given the advances in firearms technology, including the emergence of 3D-printed guns made from non-metal materials, this outdated law could birth a myriad of problems. This section is now included in the Senate bill, and it's crucial for you and other Second Amendment advocates to act. 

We're getting hit from all sides as the cultural, political, and legal war on our 2A rights rages on. Please reach out to your respective senators at (202) 224-3121 and join GOA in halting this Act, further safeguarding the Second Amendment. Without it, we stand to lose many other constitutional rights. 

Open Letter to Democrats: What’s wrong with America being great?

Photo Source: Kate Aedon via Shutterstock

The cultural and political divide in America is become starkly clear in the past few years. Those in positions of power seem more determined than ever to create a world where only their ideas matter, drifting us further from the core values that made America a beacon of hope.

Gone are the days of open and courteous dialogue between people with different views. As we are all painfully aware, the term “MAGA Republicans” has been utilized ad nauseum by leading Democrats. It was used to garner hatred and animosity from those in the “tolerant” left. Many of us still see this beautiful country the way the 40th did. Ronald Reagan's “Shining City on a Hill" is not a dead concept and America has the opportunity to get back to this era of growth and global reach.

It’s time we pose the question to the Democrats and their media allies. We also hope these questions help you in future conversations with any "liberals" that you may happen to care about: 

• What's wrong with the ambition to make America great again? 
• Why should the aspiration to ensure energy independence, 
  • implement lower taxes, 
  • bolster employment, 
  • maintain secure borders, 
  • enhance education, 
  • or uphold the Second Amendment be seen as a flaw?

Shouldn't we strive for safer streets, better educational systems, and robust support for our veterans? Why is the idea of wanting to protect the rights of law-abiding citizens, including the freedom to express differing opinions, so troubling?

With all its current challenges, America still embodies promise and opportunity. So, isn't it about time we ask: Don’t you want America to be great? For additional food for thought you can read this original story by Dave Workman here. 

In Other 2A News

• Homebased FFL’s are low hanging fruit for Biden’s weaponized ATF
• Watch out for online ammo scams
• Silicon Valley gun insurance law isn’t working (shocker)

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