Tag: atf

Federal Judge Blocks ATF “Dealer in Firearms” Rule in Texas

Posted on | by RJ Brorsen

May 23, 2024

In a significant win for gun rights advocates, a federal judge has issued a temporary restraining order (TRO) blocking the Biden Administration’s new “dealer in firearms” rule from taking effect in Texas.

U.S. District Judge Matthew Kacsmaryk, presiding in Amarillo, ruled in favor of the lawsuit brought forward by Texas Attorney General Ken Paxton, effectively halting the enforcement of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) rule, which was set to go into effect on Monday, May 20.

The controversial rule would have required many private individuals to obtain licenses and conduct background checks when selling firearms at gun shows and online, a move that gun rights groups argue infringes upon Second Amendment rights.

The restraining order also protects members of several gun rights organizations listed in the lawsuit.

“I am relieved that we were able to secure a restraining order that will prevent this illegal rule from taking effect,” Paxton said in a statement.

“This is a crucial first step in protecting the rights of law-abiding gun owners in Texas and across the country,” said Chris McNutt, President of Texas Gun Rights.

The lawsuit contends that the ATF’s rule contradicts the Bipartisan Safer Communities Act, a 2022 law that expanded the category of gun sellers required to obtain licenses.

Judge Kacsmaryk agreed with the plaintiffs, noting that the rule failed to provide a statutory exemption for individuals buying or selling firearms for personal protection, thus rendering the statute’s safe harbor provision ineffective for the majority of gun owners.

“The absurdity that the statute’s safe harbor provision provides no safe harbor at all for the majority of gun owners is clear,” Kacsmaryk wrote in his ruling.

While this battle continues being fought in the court, it is critical gun owners and all members of congress support H.R. 6734, introduced by Representative Andrew Clyde, which utilizes a federal mechanism to overturn this draconian and unconstitutional Biden-ATF gun registration scheme at the Congressional level.

Gun owners and supporters of the Second Amendment are urged to take action by contacting their representatives in Congress.

Contact Congress Now!

The temporary restraining order is a significant win, but the battle is ongoing. This case highlights the need to rein in and ultimately abolish the ATF, an agency that many believe operates with unchecked power and an unconstitutional mandate.

And by sending TXGR’s pre-written email to Congress, gun rights supporters can help build the momentum needed to do away with the ATF’s draconian rule — regardless of the outcome in court.

As the legal and legislative battles continue, the importance of grassroots efforts cannot be overstated. Gun owners must remain vigilant and proactive, working together to push back against federal overreach and protect their constitutional rights.

 

ATF Official’s Glock Disassembly Fail Sparks Controversy and Mockery

Posted on | by Chris M

March 11, 2024 

In a recent CBS “Face the Nation” segment that’s now making rounds across social media for all the wrong reasons, ATF’s Firearms Ammunition Technology Division acting chief, Chris Bort, found himself under fire. Billed as a “firearms expert,” Bort’s struggle with a task as basic as disassembling a Glock pistol—a procedure often regarded as straightforward within gun enthusiast circles—has ignited a flurry of criticism and ridicule.

The Glock, known for its widespread use and simple maintenance, has been a staple in the firearms community for its ease of disassembly. This routine process, achievable by individuals with minimal instruction, seemed to puzzle Bort, an official whose role significantly impacts the enforcement of Second Amendment rights in the United States. The episode has raised eyebrows and questions about the competency of those tasked with regulating firearms.

This incident caught the attention of popular YouTuber Garand Thumb, a well-known figure in the Second Amendment community for his engaging and informative firearms content. A former Air Force member, Garand Thumb, took a break from his regular postings to highlight Bort’s gaffe, further amplifying the criticism and adding a layer of embarrassment to the ATF official’s televised misstep.

 

View this post on Instagram

 

A post shared by Garand Thumb (@garand_thumb)

The episode adds to the ongoing narrative questioning the expertise of individuals in significant positions of authority over gun laws and regulations.

Similar instances, such as Supreme Court Justice Ketanji Brown Jackson’s misinterpretation of a bump stock’s function, fuel concerns over the knowledge base of those shaping firearms policy. Such misconceptions, particularly when voiced by individuals with the power to influence gun laws, underscore a worrying disconnect between regulators and the technical realities of firearms.

Critics argue that this lack of basic firearms knowledge among key figures could undermine the credibility of institutions like the ATF, tasked with enforcing gun laws. The call for more educated and proficient authorities in matters concerning firearms rights and safety is growing louder, particularly among gun owners and Second Amendment advocates.

The incident not only serves as a moment of embarrassment for the ATF but also as a stark reminder of the importance of firearms education among those in positions to regulate and influence gun policy. As debates over gun control intensify, the competency and expertise of those at the helm of regulation become increasingly crucial.

For many within the pro-gun community, this episode is a vivid illustration of the challenges facing effective firearms regulation and enforcement. It underscores the need for a better-informed approach to gun policy, one that respects the technical nuances of firearms and the rights of law-abiding citizens under the Second Amendment.

Sign our petition instructing your congressman to ABOLISH the ATF.

 

Back-to-Back Wins Against ATF Overreach!

Posted on | by Chris M
October 9, 2023
 
Guess what? We did it again!
 
The overreaching bureaucrats at ATF were delivered another major blow.
 
Thanks to our relentless pressure in the court, Judge Reed O’Connor of the Northern District stomped on the ATF’s ridiculous Forced Reset Trigger ban and granted a preliminary injunction in our SECOND lawsuit against the ATF.
 
Now, members of Texas Gun Rights, National Association for Gun Rights and clientele of Rare Breed Triggers, are protected from this nonsensical regulation.
 
But here’s the icing on the cake: in O’Connor’s conclusion, he stated that “the plaintiffs are likely correct” that the ATF’s attempts to broaden the definition of a machine gun is an arbitrary and capricious expansion of the agency’s authority.
 
“Plaintiffs have carried their burden at this stage to show that the expanded definition of machinegun likely exceeds the scope of ATF’s statutory authority.”
 
 
This is a huge victory and a good sign we are on the way to winning a permanent injunction for our members and further reining in the ATF.
 
Of course, this marks our SECOND preliminary injunction granted in less than a week!
 
You may recall, on Wednesday of last week that Judge O’Connor ruled in our favor in another lawsuit, ensuring that Texas Gun Rights members are shielded against the ATF’s misguided ban on pistol stabilizing braces.
 
That’s TWO major smackdowns in ONE week!
 
How’s that for showing the ATF who’s boss?
 
Now, let’s be clear. These are not mere victories. They are loud, clear messages to the power-hungry pencil pushers in D.C.
 
But we’re not just here to win battles. We’re here to WIN THE WAR.
 
And that war? It’s to ABOLISH the ATF for good — and YOU can help us send them packing!
 
 
Let’s drown them in a sea of signatures!
 
But after you sign, I need you to help us keep the momentum going.
 
 
Remember, donations of $35 or more not only support our cause but automatically make you a Texas Gun Rights member (if you’re not one already.)
 
That means, should we secure a permanent injunction, your rights would be safeguarded permanently!
 
Look, I understand not everyone has money to give. Or, like many others, you may have already given recently.
 
And we greatly appreciate your support!
 
But please know that each victory we achieve is a testament to our collective strength, unity, and dedication to preserving the Second Amendment rights.
 
Let’s keep up the pressure and ensure our voices resonate in the corridors of power.
 
Thank you for being the backbone of this fight. Together, we will prevail!
 
For Texas and Liberty,
Chris McNutt
President, Texas Gun Rights
 

Major Win for Texas Gun Rights: Preliminary Injunction Granted!

Posted on | by Chris M

October 4, 2023

We have HUGE news to share with you so please allow me to get straight to the point:

The Northern District of Texas has granted Texas Gun Rights a preliminary injunction against the ATF’s ban on pistol stabilizing braces! 

That means the ATF cannot enforce their ban against our members. (You can read the injunction here).

If you haven’t been following our lawsuit, let me catch you up to speed! 

Texas Gun Rights, in collaboration with the National Association for Gun Rights, took a bold step in SUING the Biden-ATF as a direct response to their ban on pistol stabilizing braces earlier this summer. 

These plastic firearm accessories, designed to assist disabled veterans and ensure safe and accurate firearm use, are now being used as a pretext to criminalize millions of Americans — and forcing them to disarm.

This is an outrageous abuse of power!

But thanks to YOUR relentless support — we were granted a preliminary injunction, prohibiting the ATF from enforcing this draconian rule on members of our organization. 

This is not just a win for Texas Gun Rights members but a victory for every individual who believes in the right to bear arms and the liberties the Second Amendment protects.

Sadly, this is just the first of MANY battles we have with the ATF.

We’re also diving headfirst into challenging the ATF’s contentious decision to ban forced reset triggers, where they indiscriminately determined a forced reset trigger can somehow turn a firearm into a MACHINE gun.

In fact, I was in federal court earlier this week for our lawsuit on that case, where we are also fighting for an injunction for our members!

Of course, there’s another looming storm on the horizon: the ATF has proposed a new definition for what type of individual constitutes as a “dealer in firearms“. 

If they push this through, Biden’s Universal Gun Registration scheme will be nearly complete by forcing EVERY single (legal) private firearms transaction through the flawed NICS Gun Ban Registry. 

But as you and I know, criminals will never comply with this request, only law-abiding citizens will… making it nothing more than a universal gun registry for law-abiding gun owners.

Should the ATF dare to tread this path as proposed, we’re ready to counter with all the legal might at our disposal with yet another lawsuit.

But while we rally against these immediate threats, our endgame remains clear: to see the ATF dissolved. 

We’re actively pushing for H.R. 374 in Congress, and its passing will symbolize a monumental stride in safeguarding gun rights across America.

Now, I turn to you, the backbone of our movement, to join us in making an even more significant impact.

If you haven’t already, please sign our petition to Abolish the ATF: 

Together, we can send a thunderous message that resonates through the halls of Congress.

But if you’ve already signed our petition, please consider supporting our ongoing efforts with a donation to Texas Gun Rights.

No matter if it is $10, $50 or any amount you’re comfortable with, every penny fuels our mission, enabling us to maintain the pressure on the ATF and staunchly defend our cherished freedoms.

We stand at a crossroads, with every action and decision echoing into the future of gun rights in Texas and beyond. 

We’ve tasted victory, and with your continued support, I believe our most significant triumphs are still ahead.

For Texas and Liberty,

 

Chris McNutt

President, Texas Gun Rights