Another ATF Rule COLLAPSING? DOJ Suddenly Drops Appeal - New Rule Inbound!

The Department of Justice (DOJ) and ATF are reportedly revisiting and revising the 'frames and receivers' rule and the 'engaged in the business' rule. This follows the DOJ voluntarily dismissing its appeal in a Fifth Circuit case against the ATF, indicating the current rules are on shaky legal ground. A new notice of proposed rulemaking is expected, suggesting a strategic retreat by the government to avoid a definitive court loss and to re-attempt regulation with a revised approach.

Quick Summary

The Department of Justice has dropped its appeal in a key ATF case, admitting the agency will revise its 'frames and receivers' rule. This strategic retreat signals the current regulations are legally vulnerable, and a new proposed rule is expected, creating uncertainty for gun owners as definitions may shift.

Chapters

  1. 00:00ATF Rule Updates and DOJ Appeal Dismissal
  2. 00:22Guns & Gadgets Introduction
  3. 01:00DOJ Reversing Course on Gun Regulations
  4. 01:10The 'Engaged in the Business' Rule Explained
  5. 01:44DOJ Filing to Rewrite Frames and Receivers Rule
  6. 02:00Fifth Circuit Case and Voluntary Dismissal
  7. 02:26New Notice of Proposed Rulemaking Coming
  8. 03:00Regulation of Unfinished Frames and Parts Kits
  9. 03:12Constitutional Issue: Agencies Making Law
  10. 03:54DOJ's Strategic Retreat and Pivot
  11. 04:33Dropping Appeal, Rewriting the Rule
  12. 05:10The 'Regulatory Whack-a-Mole' Playbook
  13. 05:41Impact on Law-Abiding Americans: Uncertainty
  14. 06:20Second Amendment and Shifting Definitions
  15. 06:51Federal Government's Evolving Regulatory Approach
  16. 07:02The Fight is Far From Over
  17. 07:35NRA Show Meet and Greet Information

Frequently Asked Questions

Why did the DOJ drop its appeal in the ATF case?

The DOJ voluntarily dismissed its appeal in the Fifth Circuit case against the ATF because they admitted the agency plans to revisit and revise the 'frames and receivers' rule. This suggests the current rule is on shaky legal ground, and the DOJ is strategically retreating to avoid a definitive court loss.

What are the 'frames and receivers' and 'engaged in the business' rules?

The 'engaged in the business' rule redefined selling guns for profit, requiring an FFL even for a single sale with profit intent. The 'frames and receivers' rule aimed to regulate unfinished frames, parts kits, and 'readily convertible' components as firearms under federal law.

What does the DOJ's action mean for gun owners?

The DOJ's move indicates regulatory uncertainty. A new proposed rule is coming, meaning definitions of firearms and who is considered a dealer could change. This creates a risk for law-abiding citizens to inadvertently violate new, shifting regulations.

Is the ATF giving up on regulating firearms?

No, the DOJ's action is seen as a strategic retreat, not a surrender. They are dropping the appeal to avoid a loss and will likely re-attempt regulation with a revised rule. The fight over these regulations is ongoing and entering a new phase.

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