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Ares Armor gets temporary restraining order against BATF
Summary here. Essentially, Ares makes "80% receivers." A receiver starts out as raw material -- steel, or here polymer. Everyone can agree that's not a receiver. At the end, it is a finished receiver that, with the appropriate parts attached, can fire. We can all agree that that is a receiver. But at what point between the two does it go from being in one legal status to being in the other?
The industry understanding (and I emphasize understanding) has been that the line is crossed when the future receiver is 80% complete. But this is one area where BATF rulings, if any, are kept private, and never published as a regulation. This violates the Administrative Procedure Act (which requires that general rules for the public be published as regulations -- you cannot have a rule that the public must comply with, and keep it secret) and allows a little of wiggle room for "our position is" or "our position has always been."
Hat tip to Jeff Harris....
· BATFE
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They asked a local judge for a restraining order? How would a state court judge have jurisdiction over a federal agency? Shouldn't they be asking a a federal court for injunctive relief? I'm not sure any of this story makes sense.
Correction to your second sentence: The 80% Lowers were actually made by EP Armory - Ares is just a reseller.
There is an ATF determination letter posted online that describes the attributes of a particular 80% receiver and that it is legally not a firearm.
http://cdn.shopify.com/s/files/1/0218/5770/files/ATF_Letter_Public_Release.pdf
And it violates: Delegata potestes non potest delegari. The ATF cannot Constitutionally make any rules or regulations. The Constitution delegates all legislative authority to Congress and NO WHERE in the Constitution is Congress allowed to delegate that authority to any other entity. It is a violation of the oath of office, which is minimally equivalent to perjury (as per Cooley) for Congress to allow any other entity to exercise a delegated power. But then nothing in the federal government functions Constitutionally because everyone in government is grasping for power.
The problem with this particular "case" is that the ATF will randomly change the rules as they see fit in order to persecute the people. Until folks realize that IF one wants a Constitution and a Constitutional government, there can be no allowances for this type of garbage. We the People allow our servants, the Congress, President, Judges, etc, certain limited, written amounts of our shared sovereignty and it is our requirement for legitimate Constitutional government that each exercise only those powers granted/delegated/authorized explicitly by the Constitution. Anyone versed in logic can demonstrate that there are no implied or inherent power. There are only delegated powers as written. All other claims are false.
And now the BATFE is executing a search warrant at Ares Armor, not waiting for the hearing on the 20th...
re:
Summary here. Essentially, Ares makes "80% receivers." A receiver starts out as raw material -- steel, or here polymer. Everyone can agree that's not a receiver. At the end, it is a finished receiver that, with the appropriate parts attached, can fire. We can all agree that that is a receiver. But at what point between the two does it go from being in one legal status to being in the other?
The industry understanding (and I emphasize understanding) has been that the line is crossed when the future receiver is 80% complete.
The last sentence is confusing me as how is that different from the first line about 80% receivers?