The 80 Percent ATF Lawsuits

September 30, 2020

Legion,

There are now two federal APA lawsuits challenging the way the ATF classifies unfinished receivers. The first was brought last month by Everytown in New York, and the second was brought yesterday by Giffords in San Francisco.

We should probably expect a third.

These suits attempt to do the same things, which are: 1) get a federal judge to declare all ATF 80% classification letters and manufacturing guidance illegal, and 2) start a new APA rulemaking process based on Everytown and Giffords’ preferred definition of a firearm (read: anything that can become a firearm is now a firearm).

The plaintiffs have no standing to sue the ATF, but as we have seen in the New York case, the agency itself is actually a willing and complicit party. Motivated agents within ATF supplied the record Everytown and Giffords needed to make their complaint, and the agency’s attorneys have declined to dismiss or challenge the plaintiffs’ standing.

You mean the plaintiffs, the defendants, and the judges are all on the same side?

Yes. These are mock actions dressing up a Bloomberg rewrite of your 2A literally coordinated by a buttmad ATF and DOJ.