Tuesday, March 17, 2009

NAR prez on Judge Walton's ruling

Fellow NAR Members --
As the result of nine years of hard work by our legal team and the teamwork and leadership of a series of key leaders of the NAR and TRA (especially former NAR President Mark Bundick), and as a result of your generous financial support for our cause, this case is now over. We have completely and unambiguously won.
The BATFE regulation of APCP was found by Judge Walton to be ".. arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law." and has been ordered by the Court to be "vacated" or canceled. Sounds good, doesn't it? The full text of the Court decision is provided below. Enjoy reading about how justice has been served and an arrogant and capricious federal agency has been defeated by two small all-volunteer organizations with sound "rocket science" on our side. We know that APCP is not a threat to national security, nor are we, and the court has agreed with us.
TRA President Ken Good and I will be consulting with our legal counsel over the next several days on exactly what we have to do next to ensure that BATFE complies with this order, and to determine what recourse they might try to pursue to continue this battle (i.e. by trying to redraft their rule) with what likelihood of success. They will not give up and will not go away easily. Please do not do anything confrontational with any BATFE agent, do not tear up your LEUP, and do not remove material from any magazines yet, until we know exactly where we stand legally. We will issue a joint statement on what is next and what you should do as soon as we sort it out; this may take a few days. I believe that we have enough in the Legal Fund to cover all the remaining close-out costs of this case.
Thanks for your patience and support while we fought this battle for you. And if you see Mark Bundick, shake his hand and thank him!
Trip Barber
NAR 4322
NAR President