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Cases? It is State legislation, that I don't think has been put across the governors desk. I believe it was Missouri that is leading the way on this abolishing all regulation in the 2nd amendment.
Versions of the Firearms Freedom Act have subsequently been enacted in Tennessee, Utah, Wyoming and South Dakota, and other clones have been introduced in the legislatures of twenty-some other states. The FFA is primarily a Tenth Amendment challenge to the powers of Congress under the “commerce clause,” with firearms as the object – it is a state’s rights exercise.
Kansas being the latest.
From your link
The bill was introduced January 13, 2009 by Joel Boniek, Gerald Bennett, Edward Butcher, Aubyn Curtiss, Lee Randall and Wendy Warburton. It was signed into law by Governor Brian Schweitzer on April 15, 2009 and became effective on October 1, 2009. This law has been assigned Chapter 205 in Title 30, of the Montana Code Annotated
On September 29, 2010, U.S. District Court Judge Donald Molloy dismissed the suit "for lack of subject matter jurisdiction and failure to state a claim."[12]
The Plaintiffs filed an appeal[13] with the United States Court of Appeals for the Ninth Circuit. Oral arguments in MSSA v. Holder were heard by the Ninth Circuit on March 4, 2013, in Portland, Oregon and a ruling[14] was delivered on August 23, 2013 overturning the lower court's determination regarding lack of standing, but also stating that existing Supreme Court precedent does not favor the plaintiffs' claims. The plaintiffs plan to appeal the ruling to the Supreme Court.
The liberal Ninth Circuit.... They expected to loose.
FINALLY the Ninth Circuit has scheduled MSSA v. Holder for oral argument on March 4th, in Portland, Oregon (the Ninth hears cases in San Francisco, Portland and Seattle, depending …)
Quite frankly, we expect to lose at the Ninth (although one never knows what the historically-quirky Ninth may do). That will be fine, since it will give us control over the essential appeal to the USSC.
- Gary Marbut Montana Shooting Sports Assoc.
...All Ares had to do was submit a finished product to the BATFE testing branch and they would have come back with a ruling on whether it was 80% or 100% and no problems for either seller or buyer. Would have saved a lot of legal fees and heartache for all concerned.
I still think based on my experience with BATFE that they will find those products full receivers rather than 80% and the very best one can hope for is they will contact the customers who bought them and require them to bring said receiver to the nearest gun shop and fill out the form 4473. worst case, they confiscate them.
Just for clarification, Ares Armor isn't the manufacturer, just the re-seller. The BATFE had already raided EP Armory (the manufacturer), confiscating their products and sales documents. The sales documents led them to Ares, someone who bought and re-sold tons of the receivers. I can only guess that every major re-seller of EP Armory 80% polymer receivers is having similar issues with the BATFE, except they aren't making the news because they're probably cooperating with the government.
Also, whether the as-sold receivers are 80% vs. 100% isn't the question. The question is whether the receivers ever go past 80% in the manufacturing process then get modified back to 80%.
Just for clarification, Ares Armor isn't the manufacturer, just the re-seller. The BATFE had already raided EP Armory (the manufacturer), confiscating their products and sales documents. The sales documents led them to Ares, someone who bought and re-sold tons of the receivers. I can only guess that every major re-seller of EP Armory 80% polymer receivers is having similar issues with the BATFE, except they aren't making the news because they're probably cooperating with the government.
Also, whether the as-sold receivers are 80% vs. 100% isn't the question. The question is whether the receivers ever go past 80% in the manufacturing process then get modified back to 80%.
Appreciate the clarification. It fills in some blanks I had on the issue.
I have one of their 80% polymer lowers - it was given to me by a friend of mine, who is also one of Ares' attorneys. As far as I know, he's not working on this case (he typically only deals with civil litigation), but I've asked him to keep me updated if he hears anything he's able to relay.
I was actually in San Diego over the weekend, doing some tech stuff for my friend. We were going to visit Ares on Sunday so I could check them out and give them some support over the issue they're having with the city and their sign, but the work I was doing ran long and I didn't have enough time.
If I hear anything interesting that isn't already widely known, I'll come back and post it.
I don't argue that BATFE uses strong arm tactics some of the time, but Randy Weaver was a constitutional survivalist who decided to ignore the law and the result was innocents got killed for doing so
correlation=causation fallacy here. Weaver & wife were into batshyte crazy religion and white supremacy, but lots of people get into crazy religions and beliefs but do not end up dead. Lots of people miss court dates and do not end up dead.
Weaver's son was shot in the back by a US Marshall. His wife was shot by an FBI sniper as she stood holding her baby. The FBI had altered the normal rules of engagement. Congress tried to find out who in the FBI authorized the ROE, but never did, as a code of silence prevailed at the FBI. Or you might say, a 'code of lies.' And when you're dealing with fundamentally dishonest agencies, you can go the Weaver route, or you can try to dot your i's, cross your t's, and bow in submission. Either way you're likely to be reamed by them.
correlation=causation fallacy here. Weaver & wife were into batshyte crazy religion and white supremacy, but lots of people get into crazy religions and beliefs but do not end up dead. Lots of people miss court dates and do not end up dead.
Weaver's son was shot in the back by a US Marshall. His wife was shot by an FBI sniper as she stood holding her baby. The FBI had altered the normal rules of engagement. Congress tried to find out who in the FBI authorized the ROE, but never did, as a code of silence prevailed at the FBI. Or you might say, a 'code of lies.' And when you're dealing with fundamentally dishonest agencies, you can go the Weaver route, or you can try to dot your i's, cross your t's, and bow in submission. Either way you're likely to be reamed by them.
The really pathetic thing is that these people died over $200. Yep, $200. That is the fee for the tax stamp to legally own a "short barreled rifle". 16 inches, measured from the breach face, is the legal length for a non-NFA rifle. He supposedly cut it 1/4 inch below the legal limit, at the request of a paid informant of the federal government. And for this, federal agents shot his 14 year old son in the back, and his wife in the head while she held her baby in her arms. And yet none of them have ever been held accountable. 2 people murdered over a $200 filing fee, all because a piece of steel was 1/4 inch too short.
Swagger Quote:
"Both Ares Armor locations were raided today, in violation of a court order. This could get interesting"
That action probably seals the deal on the legality of the 80% receivers being legal. Too bad. That was a real good work around like the Slidefire or Fostech.
The raid signals that BATFE really want's to know where those receivers are and who has them. Just like the CZ sub kits they went after.
I hope Ares Armor comes out all right over all this. I've known a bunch of guys and small outfits who got under the BATFE eye. Some came out alright and others lost it all.
BATFE agents know they arn't liked and accept it as part of the job. They don't do anything they get paid to do that is popular with the citizens. They're either taking your guns, liqueur, cigarettes or cherry bombs.
I'm not much interested in rehashing the Weaver incident or the Koresh fiasco. But Swagger, please keep us posted on the latest of whats actually happening. Actually I guess I could just go on "High Road" and get the latest.
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