The federal government challenged a lawsuit filed in California by a group of plaintiffs against the Department of Justice demanding the classification of the 80% receivers as firearms.
The plaintiffs include the State of California and the Nov. 14, 2019, Saugus High School shooting victim's families.
Bryan Muehlberger and Frank Blackwell, alongside California Attorney General Xavier Becerra, are behind the lawsuit originating from the use of a “ghost gun” in the shooting incident that led to the death of six students, including Gracie Muehlberger and Dominic Blackwell, whose parents are suing.
Muehlberger praised the recent ATF raid on Polymer80, a gun parts maker renowned for its “Buy, Build, Shoot” kit.
“This is a strong example of what Frank and I are doing to make a difference and make things safer for our children,” Muehlberger said.
ATF recently determined that the kit qualified as a firearm and that Polymer80 should have been conducting background checks. The ATF had issued several letters allowing Polymer80 to sell the PF940C lower receiver without background checks. The kit includes the PF940C 80% receiver, stainless steel slide, barrel, and P80 parts kit.
The federal government requested the California District Court to dismiss the case through a motion filed on Nov. 30. The Firearms Policy Coalition, BlackHawk Manufacturing Group, Zachary Fort, and Frederick Barton also wished to intervene in the case to represent the interests of gun owners.
The plaintiffs must respond by Dec. 30 to oppose the dismissal request. However, California AG’s office vowed to proceed with the lawsuit until the federal government classified unfinished gun parts as firearms.
“We will respond to both motions as we continue to call on the ATF to correctly classify ghost guns as firearms and to regulate them accordingly,” the statement read.
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