The Second Amendment Foundation is cheering a Fifth Circuit Court of Appeals ruling in the case of VanDerStok v. Garland, challenging the authority of the Justice Department and Bureau of Alcohol, Tobacco, Firearms and Explosives to regulate items that are not firearms, as if they were firearms.
The Second Amendment Foundation had intervened in the case, opposing the ATF’s change in defining frames and receivers. The court yesterday 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. Second Amendment Foundation and its partners in the intervention are represented by attorney Chad Flores.
According to the Fifth Circuit panel, “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”…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.
Click the link to read the whole article: Another Loss for ATF
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