Posted on 07/30/2023 4:55:32 AM PDT by marktwain
On July 24th, 2023, a three-judge panel of the United States Court of Appeals for the Fifth Circuit refused the government’s attempt to stay the district court’s decision in the case of VanDerStok v. Garland, which vacated the ATF’s “frame or receiver” rule. The preliminary injunction against enforcement of the frame and receiver portions of the Final Rule was issued by Judge O’Conner on August 17, 2022. The Memorandum Opinion by Judge Reed O’Conner, published on June 30, 2023, vacated (ruled them to be unlawful) the ATF’s Final Rule.
Judge O’Conner, told the ATF (the Biden Administration) it did not have the authorization from Congress to change the definition of a frame or receiver to include partially finished frames or receivers. The ATF did not have the authority to alter the definition of a firearm to include a weapons parts kit.
From the unpublished order on July 24, 2023:
Because the ATF has not demonstrated a strong likelihood of success on the merits, nor irreparable harm in the absence of a stay, we DENY the government’s request to stay the vacatur of the two challenged portions of the Rule. “[V]acatur . . . reestablish[es] the status quo ante,” Defense Distributed v. Platkin, 55 F.4th 486, 491 (5th Cir. 2022), which is the world before the Rule became effective. This effectively maintains, pending appeal, the status quo that existed for 54 years from 1968 to 2022.
(Excerpt) Read more at ammoland.com ...
Yup, as far as the gov is concerned, it all depends on what the definition of “is” is.
Hey ATF. You should be pushing for justice in a gun case involving a criminal dude named Hunter.
Right on target.
Correct this should be arms ban case instead of ATF over reach case.
Any case that deals with arms should refer to the 2nd amendment as the primary law.
Trying this as a government over reach case. Is avoiding the 2nd amendment issue;.
Meanwhile Schumer snuck in a provision into the NDAA to target gun owners by going after “non-detectable” firearm parts.
From Gunowners of America (GOA) email notice. “The Senate recently passed a version of the NDAA that would PERMANENTLY reauthorize the Undetectable Firearms Act of 1988.
The language in this unconstitutional legislation could easily be weaponized by the Biden Administration to target guns with non-metal parts.”
This story is somewhat dated now. Garland appealed the 5th Circuit’s ATF “frames and receivers” injunction to the Supreme Court for emergency relief. The 5th had issued a stay on their injunction for eleven days. Alito heard the ATF’s emergency request and extended the 5th Circuit’s stay one more day for an SC 3-judge panel to grant or deny a more permanent stay until the entire SCOTUS can hear the case.
by going after “non-detectable” firearm parts.
= = =
We searched his garage, and could not find the ‘non-detectable’ firearms parts.
So they must be there - Guilty!
I can’t see any signs of abuse by the ATF when they find a box of springs. I’m sure they will be understanding sending one to the gulags for having illegal objects. /s
I can’t see any signs of abuse by the ATF when they find a box of springs.
= = =
As long as you have serial numbers on all those small coil trigger return springs.
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