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« Shooting in Kenosha, WI | Main | 5 Million New Gun Owners in 2020 »

Everytown sues over ATF treatment of "receiver blanks"

Posted by David Hardy · 29 August 2020 02:36 PM

Press release and link to complaint here. On a quick read:

1) Venue is in NY since Everytown is located there? Federal venue, proper location of a suit, generally keys upon location of the defendant, not the plaintiff.

2) They tend to confute the definition of a firearm (which includes firearms that may readily be converted to fire a cartridge) with receiver (which has no such inclusion). The readily converted language is there because in 1968, some juveniles were making guns by converting starter pistols to fire .22s.

3) They don't to be able to define, any better than ATF has, the point at which an item becomes a "receiver" on its trip between a block of metal or a piece of sheet metal and a finished receiver ready to receive all the other parts.

4) This "ghost gun" stuff is a continuation of a trend dating back to the early 1970s: invent a cute name for a type of gun, and move to ban it. First it was "Saturday Night Specials," then "Snubbies" (snub nosed revolvers), now "Ghost Guns."

8 Comments | Leave a comment

Michael Murray | August 30, 2020 10:15 AM | Reply

The disconnect between the leftists who think cops are evil and should be defunded, and those who want cops to be the only ones with guns is quite amazing. It's not new, and not any different than the rest of their illogical idiocy, but still amazing.

Anonymous | August 30, 2020 12:46 PM | Reply

Is an AR-15 variant, 80% lower receiver a firearm?

ATF is having a hard time proving that a complete 100% lower receiver is a firearm.

This is all so silly.

oldguy | August 30, 2020 2:03 PM | Reply

I remember reading something about this and it seems that because the AR style of firearm left them trying to find a consistent way of saying when it was a firearm. So figured that the fire control group was necessary for it to work so that was picked. I have no clue what the end result might be if they lose in court the current fight over the definition.

Heywood | August 30, 2020 8:23 PM | Reply

The goal with the suit is not actual success, but, to get it in the hopper for a presumptive Biden/Harris win. Under that regime, their AG could simply withdraw support for the government’s position and strike a settlement with plaintiffs, essentially conceding. But the AG is bound too...

Tell that to Eirc Holder.

The AG can, and will fail to defend any law, constitutional provision, rule, regulation, agency ruling or policy they damn well please, and there isn’t a thing the Congress of the same, or even a different party will do about it. I’m surprised there aren’t more suits against BATFE on a host of issues.

Geoff | August 31, 2020 8:24 AM | Reply

"The ATF’s Definition of an AR-15 Lower as a ‘Firearm’ Is In Serious Trouble"
Link to article.
www dot thetruthaboutguns dot com/the-atfs-definition-of-an-ar-15-lower-as-a-firearm-is-in-serious-trouble/

xtphreak | August 31, 2020 8:39 PM | Reply

I think you have misused "confute"[prove (a person or an assertion) to be wrong],
with "conflate"[combine (two or more texts, ideas, etc.) into one.]

sage419 | August 31, 2020 8:58 PM | Reply

Bring 80% receiver, plus all other parts necessary to assemble an AR-15. Call expert gunsmith as a witness. Have expert assemble 80% receiver and other gun parts into a functional gun for the jury.

Case dismissed.

HSR47 | September 4, 2020 5:33 PM | Reply

Don't forget about "cop-killer bullets"

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