80 Percent Lawsuits Part II

December 10, 2020

Legion,

When we last visited the two federal lawsuits (Everytown and Giffords) brought against the ATF and the 80% receiver classification, we mentioned expecting a third such case.

The third such case is a set of wrongful death actions brought by Brady. While the first two suits target ATF to mischaracterize how it regulates non-firearms in order to confuse a federal judge, the Brady suit targets sellers of the non-firearms themselves, bringing along the same federal mischaracterizations in order to confuse a state judge in California.

For what it’s worth, the lawsuits name a number of defendants who have never sold 80% receivers and adventurously misstate California law, but gun control litigation is rarely troubled by fact or law.

Brady’s (Brady United’s?) timing is also awkward since we’ll all just point to the restatement of the Constitutional limits and statutory completeness of firearm receiver regulations the DOJ filed in a recent motion to dismiss in State of California v. BATFE, No. 3:20-cv-06761-EMC.

I recommend reading the below motion to dismiss. It’s competent, and it includes arguments and data the ATF rarely discloses.

Better luck in 2021, guys. Maybe Biden’s AG will bail you out of your mess?

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