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A couple of years ago, an “80 percent” receiver I purchased refused to accept parts, let alone chamber and fire cartridges, until my son and I drilled and milled it to completion; that’s because unfinished firearms are not firearms. For a long time, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agreed. But, pressured by the Biden administration, the ATF tried to extend firearms regulations to a lot of things that aren’t guns but could, with work, become one. Now a federal judge is injecting some sense, ruling in a lawsuit that bureaucrats can’t just decide that inert objects are guns.

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Δ Feds Change the Rules on Gun Hobbyists

For years, through a page still on its website, federal gun regulators assured the public that “ATF has long held that items such as receiver blanks, ‘castings’ or ‘machined bodies’ in which the fire-control cavity area is completely solid and un-machined have not reached the ‘stage of manufacture’ which would result in the classification of a firearm.” That’s good sense unless you look forward to background checks and government scrutiny every time you visit the hardware store where all sorts of items that could be turned into guns are sold. It also gave guidance to companies that serve firearms hobbyists by selling unfinished receivers (the regulated part of firearms) and other components to people who build their own firearms using traditional workshop tools or high-tech computer numerical control (CNC) machines and 3D printers.

But everything that can be used can be misused. Anti-gun activists built those misuses into a moral panic over “ghost guns” based on a lot of florid language. Their efforts are self-defeating since DIY gunmaking gained popularity specifically as a means of rendering gun control unenforceable. But that didn’t stop authoritarian policymakers, and the Biden administration went all-in on efforts to inconvenience DIY hobbyists in the name of stopping “ghost guns.” The result was a hot mess of a rule change that would expand firearms regulation on the ATF’s say-so without any legislation. That left legal analysts agreeing on little except that the agency gave its own people wide discretion and that lawsuits were inevitable. The ATF Can’t Just Make Things Up, Now or In the Past

One of those lawsuits, VanDerStok v. Garland, brought by Jennifer VanDerStok, Blackhawk Manufacturing Group, and other plaintiffs, has now resulted in a loss for the federal government. On July 5, building on a preliminary injunction issued last year, Judge Reed O’Connor of the U.S. District Court for Northern Texas wrote that the “Final Rule was issued in excess of ATF’s statutory jurisdiction” and the “Definition of ‘Frame or Receiver’ and Identification of Firearms…is hereby VACATED.”

Reed gave his reasoning days earlier, on June 30, in his memorandum opinion.

“A part that has yet to be completed or converted to function as frame or receiver is not a frame or receiver,” O’Connor wrote. “ATF’s declaration that a component is a ‘frame or receiver’ does not make it so if, at the time of evaluation, the component does not yet accord with the ordinary public meaning of those terms.”

Elsewhere in the opinion, Judge O’Connor rejected the ATF’s astonishment that any court could take issue with the agency’s arbitrary reclassification of inert items as firearms.

“Defendants offer several classification letters in which ATF previously determined that a particular component was (or was not) a ‘firearm’ for purposes of the [Gun Control Act of 1968] based on the item’s stage of manufacture,” O’Connor chided the feds. “But historical practice does not dictate the interpretation of unambiguous statutory terms. The ordinary public meaning of those terms does. If these administrative records show, as Defendants contend, that ATF has previously regulated components that are not yet frames or receivers but could readily be converted into such items, then the historical practice does nothing more than confirm that the agency has, perhaps in multiple specific instances over several decades, exceeded the lawful bounds of its statutory jurisdiction.”

In other words: Thank you for this evidence that you have repeatedly exceeded your authority!

“We’re thrilled to see the Court agree that ATF’s Frame or Receiver Rule exceeds the agency’s congressionally limited authority,” commented Cody J. Wisniewski, who represented the plaintiffs in this case as counsel for the Firearms Policy Coalition (FPC). “With this decision, the Court has properly struck down ATF’s Rule and ensured that it cannot enforce that which it never had the authority to publish in the first place.”

“With this effort to rewrite federal regulations, Biden tried to make countless individuals criminals,” agreed plaintiff’s co-counsel Mountain States Legal Foundation. “But Mountain States and FPC sued, and argued that the rule was illegal, on behalf of Jennifer VanDerStok, Mike Andren, and Tactical Machining. Our winning argument was that the ATF exceeded its authority, as outlined by Congress.” It’s Not Over Yet (But the Control Freaks Are Doomed)

As strong a decision as this is, it’s at the district level and can be expected to run the gauntlet up the judicial food chain before being ultimately decided one way or the other. The U.S. Department of Justice has already filed a notice of appeal in the case as well as an emergency motion for stay to try to keep the rule in effect while litigation continues. Clearly, the feds fear losing control of the situation.

But, as mentioned above, governments lost control long ago. DIY gunmaking became popular as a deliberate effort to evade draconian laws. Then 3D printing and CNC machines helped make DIY gunmaking that much simpler. After the ATF released its restrictive new rules regarding unfinished receivers, the industry, led by Ghost Gunner, moved to “zero-percent” blocks of material to be finished by hobbyists (In June, Reason TV interviewed Cody Wilson, who brought us Ghost Gunner as well as 3D-printed firearms).

There are also the rapidly growing ranks of gun owners to consider. Driven by the social tensions of recent years, gun sales rose to record levels and came to encompass Americans who didn’t adhere to traditional stereotypes of white, rural conservatives. “Liberal, female and minority: America’s new gun owners aren’t who you’d think,” CNN headlined a story last September.

Researchers say that these new gun owners are even more protective of their privacy than those who came before them. That leaves anti-gun politicians to wonder if they can still assume their constituents are as unlikely to be directly harmed by gun restrictions as in the past; elected officials love using legislation to lash out at perceived enemies, but pushing punitive laws that hurt your own base is no way to win reelection.

For now, Judge O’Connor’s decision in VanDerStok v. Garland is a small but significant win in an ongoing dispute between pro-liberty activists and control freaks who want to disarm the public. But no matter how the legal battles shake out, advocates of control effectively lost the war long ago. Many people are working to ensure that, no matter what government officials want, guns will remain in private hands.

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Business

Supermarkets to introduce healthy food standard under government plans to tackle obesity

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Supermarkets to introduce healthy food standard under government plans to tackle obesity

A healthy food standard will be introduced for supermarkets and other retailers as part of government plans to tackle obesity levels in the UK.

As part of a government initiative aimed at taking some pressure off the NHS, food retailers and manufacturers will “make the healthy choice the easy choice” for customers in a country with the third highest adult obesity levels in Europe.

Supermarkets will be required to report sales data and those that fail to hit targets could face financial penalties, Nesta, the innovation agency which initially developed the policy, suggested.

Businesses will be free to choose how to implement the new healthy food standard, which aims to make their customers’ average shopping healthier.

Measures could include reformulating products and tweaking recipes, changing shop layouts, offering discounts on healthy foods, or changing loyalty schemes to promote healthier options.

Obesity is one of the root causes of diabetes, heart disease and cancer.

The new scheme, announced on Sunday by the Department for Health and Social Care, is part of the forthcoming 10 Year Health Plan, through which the government is seeking to shift from sickness to prevention to alleviate the burden on the NHS.

More on Health

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UK may have reached ‘peak obesity’

Health Secretary Wes Streeting said: “Obesity has doubled since the 1990s and costs our NHS £11bn a year, triple the budget for ambulance services. Unless we curb the rising tide of cost and demand, the NHS risks becoming unsustainable.

“The good news is that it only takes a small change to make a big difference. If everyone who is overweight reduced their calorie intake by around 200 calories a day – the equivalent of a bottle of fizzy drink – obesity would be halved.

“This government’s ambition for kids today is for them to be part of the healthiest generation of children ever.

“That is within our grasp. With the smart steps we’re taking today, we can give every child a healthy start to life.”

Read more from Sky News:
Hundreds of NHS quangos to be axed

Married men really do let themselves go, says study

Environment Secretary Steve Reed said: “It is vital for the nation that the food industry delivers healthy food, that is available, affordable and appealing.”

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Weight loss drugs ‘changing way we see obesity’

An ‘important step’

Michelle Mitchell, Cancer Research UK’s chief executive, said: “Businesses can play a major role in supporting people to make healthy choices, and this important step could help to reduce rising obesity rates.

“Being overweight or obese is the second biggest cause of cancer in the UK, and is linked with 13 different types of the disease.

“The UK government must introduce further bold preventative policies in both the upcoming 10-year health plan and National Cancer Plan, so that more lives can be saved from cancer.”

A Tesco store and sign. Pic: iStock
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Tesco is among the supermarkets which have welcomed the government’s announcement. Pic: iStock

Some of the UK’s biggest supermarkets appear to have reacted positively to plans for a new standard of healthy food, with Ken Murphy, Tesco Group CEO, saying: “All food businesses have a critical part to play in providing good quality, affordable and healthy food.

“At Tesco, we have measured and published our own healthier food sales for a number of years now – we believe it is key to more evidence-led policy and better-targeted health interventions.

“That’s why we have called for mandatory reporting for all supermarkets and major food businesses and why we welcome the government’s announcement on this.

“We look forward to working with them on the detail of the Healthy Food Standard and its implementation by all relevant food businesses.”

Simon Roberts, chief executive of Sainsbury’s, said: “We’re passionate about making good food joyful, accessible and affordable for everyone and have been championing the need for mandatory health reporting, across the food industry for many years.

“Today’s announcement from government is an important and positive step forward in helping the nation to eat well.

“We need a level playing field across the entirety of our food sector for these actions to have a real and lasting impact.”

Health Secretary Wes Streeting will be appearing on today’s Sunday Morning with Trevor Phillips show – watch on Sky News from 8.30am.

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Politics

Starmer says he was ‘heavily focused’ on world affairs before U-turn on welfare bill

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Starmer says he was 'heavily focused' on world affairs before U-turn on welfare bill

Sir Keir Starmer has said he was “heavily focused” on world affairs before he was forced to U-turn on his welfare bill after rebellion by MPs.

In a piece in The Sunday Times, Sir Keir said he was occupied with the G7 and NATO summits and the escalating tensions in the Middle East for much of the past two weeks.

His “full attention really bore down” on the welfare bill on Thursday, he added.

It comes after the government was forced to U-turn on plans to cut sickness and disability benefits after significant rebellion by Labour MPs earlier this week.

The government has since offered concessions ahead of a vote in the Commons on Tuesday, including exempting existing Personal Independence Payment claimants (PIP) from the stricter new criteria, while the universal credit health top-up will only be cut and frozen for new applications.

Prime Minister Sir Keir Starmer. File pic: PA
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Prime Minister Sir Keir Starmer. File pic: PA

Sir Keir defended the U-turn by saying: “Getting it right is more important than ploughing on with a package which doesn’t necessarily achieve the desired outcome.”

He said all the decisions were his and that “I take ownership of them”.

More on Sir Keir Starmer

There have been reports that rebel MPs blamed Sir Keir’s chief of staff Morgan McSweeney for the government’s approach.

Read more:
This has been the PM’s most damaging U-turn yet
Is Starmer at the mercy of his MPs?

Sir Keir said: “My rule of leadership is, when things go well you get the plaudits; when things don’t go well you carry the can.

“I take responsibility for all the decisions made by this government. I do not talk about staff and I’d much prefer it if everybody else didn’t.”

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Is Starmer at the mercy of his MPs?

Sir Keir said on Saturday that fixing the UK’s welfare system is a “moral imperative”.

Speaking at Welsh Labour’s annual conference in Llandudno, North Wales, Sir Keir said: “Everyone agrees that our welfare system is broken, failing people every day.

“Fixing it is a moral imperative, but we need to do it in a Labour way, conference, and we will.”

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Politics

Hundreds of NHS quangos to be axed – as plans unveiled for health funding to be linked to patient feedback

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Hundreds of NHS quangos to be axed - as plans unveiled for health funding to be linked to patient feedback

NHS funding could be linked to patient feedback under new plans, with poorly performing services that “don’t listen” penalised with less money.

As part of the “10 Year Health Plan” to be unveiled next week, a new scheme will be trialled that will see patients asked to rate the service they received – and if they feel it should get a funding boost or not.

It will be introduced first for services that have a track record of very poor performance and where there is evidence of patients “not being listened to”, the government said.

This will create a “powerful incentive for services to listen to feedback and improve patients’ experience”, it added.

Sky News understands that it will not mean bonuses or pay increases for the best performing staff.

NHS payment mechanisms will also be reformed to reward services that keep patients out of hospital as part of a new ‘Year of Care Payments’ initiative and the government’s wider plan for change.

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Do you want AI listening in on chats with your doctor?

Speaking to The Times, chief executive of the NHS Confederation Matthew Taylor expressed concerns about the trial.

He told the newspaper: “Patient experience is determined by far more than their individual interaction with the clinician and so, unless this is very carefully designed and evaluated, there is a risk that providers could be penalised for more systemic issues, such as constraints around staffing or estates, that are beyond their immediate control to fix.”

He said that NHS leaders would be keen to “understand more about the proposal”, because elements were “concerning”.

Read more from Sky News
Amber health heat alert issued
Patient died ‘unexpectedly’ after NHS cyber attack
Doctors told to stop using unapproved AI

Health Secretary Wes Streeting said: “We will reward great patient care, so patient experience and clinical excellence are met with extra cash. These reforms are key to keeping people healthy and out of hospital, and to making the NHS sustainable for the long-term as part of the Plan for Change.”

In the raft of announcements in the 10 Year Health Plan, the government has said 201 bodies responsible for overseeing and running parts of the NHS in England – known as quangos – will be scrapped.

These include Healthwatch England, set up in 2012 to speak out on behalf of NHS and social care patients, the National Guardian’s Office, created in 2015 to support NHS whistleblowers, and the Health Services Safety Investigations Body (HSSIB).

The head of the Royal College of Nursing described the move as “so unsafe for patients right now”.

Professor Nicola Ranger said: “Today, in hospitals across the NHS, we know one nurse can be left caring for 10, 15 or more patients at a time. It’s not safe. It’s not effective. And it’s not acceptable.

“For these proposed changes to be effective, government must take ownership of the real issue, the staffing crisis on our wards, and not just shuffle people into new roles. Protecting patients has to be the priority and not just a drive for efficiency.”

Elsewhere, the new head of NHS England Sir Jim Mackey said key parts of the NHS appear “built to keep the public away because it’s an inconvenience”.

“We’ve made it really hard, and we’ve probably all been on the end of it,” he told the Daily Telegraph.

“The ward clerk only works nine to five, or they’re busy doing other stuff; the GP practice scrambles every morning.”

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