Bearing Arms by John Petrolino 7/29/2023
The continued drama revolving around frames and receivers took a turn on Friday July 28, 2023. In a case known as VanDerStok v. Garland, the Fifth U.S. Circuit Court of Appeals passed on staying a lower court’s judgment and the Department of Justice launched an emergency appeal to the Supreme Court of the United States. While SCOTUS has remained conservative about meddling in lower court battles in a post NYSRPA v. Bruen U.S., in this instance, they did administratively stay the judgement until August 4, 2023.
The case, at the SCOTUS level is number 23-10718 and known as Merrick B. Garland, Attorney General, et al., Applicants v. Jennifer Vanderstok, et al. On July 27th, 2023, current Attorney General Garland, an individual who failed to make it to the Supreme Court, put in the bid to the high court to intervene.
Second Amendment advocacy groups are involved in the litigation, with the Second Amendment Foundation pledging to oppose the stay request that ultimately did get issued.
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.
More:
https://bearingarms.com/john-petrolino/2023/07/29/saf-is-full-steam-ahead-on-challenging-doj-on-frames-and-receivers-case-at-scotus-n73030
