has ruled<\/a> that the Biden Justice Department\u2019s Final Rule redefining braced pistols as \u201cshort-barreled rifles\u201d violates the Administrative Procedures Act (APA) so is therefore unconstitutional.<\/p>\nIn the lawsuit Mock v. Garland, U.S. District Court Judge Reed O\u2019Connor granted summary judgment in favor of the Firearms Policy Coalition (FPC) and its co-plaintiffs and issued a final judgment and order vacating the DOJ\/ATF rule.<\/p>\n
At issue wasn\u2019t the constitutionality of the Final Rule under the Second Amendment, but the fact that the APA forbids bureaucratic agencies from making laws, which is the purview of a duly elected Congress. The district court ruled that the DOJ and ATF have no such power.<\/p>\n
\u201cThe Defendants\u2019 disregard for the principles of fair notice and consideration of reliance interests is further exacerbated by its failure to follow the APA\u2019s procedural requirements for public notice and comment,\u201d the ruling states. \u201cAs discussed above, Defendants failed to follow proper notice-and-comment procedures because the Proposed Rule and the Final Rule differed in immense ways.\u201d<\/p>\n
In the end, the court ruled the federal government didn\u2019t have a legitimate leg to stand on in its defense of the Final Rule.<\/p>\n
\u201cThe proper remedy for a finding that an agency failed to comply with the APA\u2019s procedural requirements is vacatur of the unlawful agency action,\u201d the ruling further stated. \u201cIn this case, vacatur is appropriate given the Court\u2019s conclusion that Defendants\u2019 adoption of the Final Rule violated the APA\u2019s procedural requirements. An illegitimate agency action is void ab initio<\/em> and therefore cannot be remanded as there is nothing for the agency to justify.\u201d<\/p>\nFor its part, FPC, a plaintiff in the case, was happy, although not at all surprised, at the court\u2019s ruling.<\/p>\n
\u201cThe Biden Administration\u2019s ATF hates us so much that it lawlessly acted to run millions of gun owners into felons, but FPC and our members ran toward the fire and defeated this evil,\u201d FPC President Brandon Combs said in a release announcing the action. \u201cToday\u2019s order shows that our community can take on an immoral government and win.\u201d<\/p>\n
Combs added that with an appeal very likely in the case, his organization refuses to back down.<\/p>\n
\u201cFPC members should be proud of what was accomplished today,\u201d he said. \u201cWe look forward to defending this victory on appeal and up to the Supreme Court, just as we have in other cases.\u201d<\/p>\n
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\nNext Post Coming Soon…\u25b6\n<\/p>\n<\/div>\n<\/div>\n
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Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Next Post Coming Soon…\u25b6 A U.S. District Court in Texas has ruled that the Biden Justice Department\u2019s Final Rule redefining braced pistols as \u201cshort-barreled rifles\u201d violates the Administrative Procedures Act (APA) so is therefore unconstitutional. In the lawsuit Mock v. Garland, U.S. District Court Judge Reed O\u2019Connor granted summary judgment in favor of the Firearms […]<\/p>\n","protected":false},"author":1,"featured_media":3438,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":{"0":"post-3437","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-reviews"},"_links":{"self":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/3437","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3437"}],"version-history":[{"count":0,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/posts\/3437\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=\/wp\/v2\/media\/3438"}],"wp:attachment":[{"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3437"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3437"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gunsandpride.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3437"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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