Thanks to a ruling by the Supreme Court today, the ATF’s new “frame and receiver” rule can be enforced while the appeal of a lower court ruling that blocked it moves through the legal process. The Court granted the DOJ’s motion for an emergency stay of the lower court order while the appeal in the ruling in VanDerStok v. Garland is decided.
Here’s the Firearms Policy Coalition’s reaction to the Court’s action . . .
Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) responded to the Supreme Court’s order in VanDerStok v. Garland, which will allow ATF’s “Frame or Receiver” Rule to go into effect while the government appeals the district court’s judgment that vacated it. The case will now continue at the Fifth Circuit where oral arguments are scheduled for September 7th.
“We’re deeply disappointed that the Court pressed pause on our defeat of ATF’s rule effectively redefining ‘firearm’ and ‘frame or receiver’ under federal law,” said Cody J. Wisniewski, FPCAF’s General Counsel and Vice President of Legal, and FPC’s counsel in this case. “Regardless of today’s decision, we’re still confident that we will yet again defeat ATF and its unlawful rule at the Fifth Circuit when that Court has the opportunity to review the full merits of our case.”
Plaintiffs in this case are two individuals, Tactical Machining, LLC, and FPC. FPCAF represents the Plaintiffs, alongside Mountain States Legal Foundation.
Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
As the Court announced . . .
Application (23A82) for stay presented to Justice Alito and by him referred to the Court is granted. The June 30, 2023 order and July 5, 2023 judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, insofar as they vacate the final rule of the Bureau of Alcohol, Tobacco, Firearms and Explosives, 87 Fed. Reg. 24652 (April 26, 2022), are stayed pending the disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application for stay.
