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Merrick Garland Files Emergency Appeal

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Constant vigilance is required to thwart the left’s efforts to erode our Second Amendment rights, as they are always looking for methods to do so.

The ongoing drama involving frames and receivers took a new turn on Friday, July 28, 2023.

A little explainer:

According to the ATF, “The term “frame” now means the part of a handgun or “variants” that provides housing or a structure for the sear or equivalent—that part that holds back the hammer, striker, bolt, or similar component prior to firing.”

And, “The term “receiver” means the part of a rifle, shotgun, or projectile weapon … that provides housing or a structure for the bolt, breechblock or other primary component designed to block or seal the breech prior to firing.”

The Fifth U.S. Circuit Court of Appeals declined to stay a decision made by a lower court in the case of VanDerStok v. Garland, which “is a federal court case brought by several plaintiffs from the firearms parts industry challenging the 2021 Bureau of Alcohol Tobacco and Firearms (ATF) regulatory revisions of the Gun Control Act definitions of firearm, firearm frame and receiver.”

The Department of Justice promptly submitted an appeal with the United States Supreme Court. Since NYSRPA v. Bruen U.S., the Supreme Court has resisted interfering in cases before lower courts. However, in this instance, they granted an administrative stay of the judgment until August 4, 2023.

Garland requested the intervention of the Supreme Court on July 27, 2023.

The Second Amendment Foundation pledged to oppose the ultimately granted request for a delay. Participating in the legal proceedings are Second Amendment coalitions.

The Second Amendment Foundation and its attorney, Chad Flores, are preparing a response to an application to the U.S. Supreme Court by the Department of Justice and Bureau of Alcohol, Tobacco, Firearms and Explosives to stay a ruling which vacated the “final rule” defining gun parts kits as firearms in a case known as VanDerStok v. Garland.

U.S. District Judge Reed O’Connor handed down the ruling, and the government wants a stay pending appeal to the Fifth U.S. Circuit Court of Appeals. SAF was allowed to intervene in the case. Earlier this month, the Fifth Circuit refused to stay portions of the rule SAF successfully challenged, pending appeal. Issues which SAF did not challenge when it intervened in the case were granted a stay.

The high court needs responses by August 2nd, so even with the present administrative stay that Justice Alito imposed on Friday, Garland’s “victory” might not last long.

Order issued by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the June 30, 2023 order and July 5, 2023 final judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, are hereby administratively stayed until 5 p.m. (EDT) on Friday, August 4, 2023. It is further ordered that any response to the application be filed on or before Wednesday, August 2, 2023, by 5 p.m. (EDT).

The frames and receivers rule is just one of a number of unlawful actions taken by the ATF and other agencies, and the organization is currently engaging in flagrant executive abuse.

Alan M. Gottlieb, founder and executive vice president of SAF, issued a statement regarding the stay challenge in which he stated, “This case ultimately challenges the ATF’s authority to unilaterally change firearms rules and definitions without Congressional authorization.” Gottlieb reaffirmed his position, stating, “We will vigorously pursue this issue through the courts.”

Adam Kraut, executive director of the SAF, added his thoughts to the discussion.

“The Fifth Circuit last week issued a ruling which declined to stay our successful challenge during this appeal,” SAF Executive Director Adam Kraut recalled. “We expect to prevail on the portions of the Final Rule that we challenged, which the government wants to enforce while this case winds its way through the courts, despite the fact that the court found ATF had not demonstrated a strong likelihood of success on the merits, which bodes well for SAF and its members.”


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