{"id":101519,"date":"2024-04-22T16:22:33","date_gmt":"2024-04-22T21:22:33","guid":{"rendered":"https:\/\/milesfortis.com\/?p=101519"},"modified":"2024-04-22T16:23:49","modified_gmt":"2024-04-22T21:23:49","slug":"101519","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=101519","title":{"rendered":""},"content":{"rendered":"

SCOTUS Grants Cert in SAF VanDerStok Frames, Receivers \u2018Finale Rule\u2019 Case<\/a><\/p>\n

The U.S. Supreme Court on Monday granted certiorari in the case of the \u201cFinale Rule\u201d on frames, receivers and parts kits announced by the Bureau of Alcohol, Tobacco, Firearms and Explosives in April 2022, and subsequently challenged by several entities including the Second Amendment Foundation.<\/p>\n

The case is known as\u00a0Garland v. VanDerStok<\/a><\/em>. It has been described as a case about so-called \u201cghost guns\u201d built without serial numbers, but the issue is far deeper. It is really about the ATF\u2019s alleged violation of the Administrative Procedures Act (APA), and usurping the authority of Congress.<\/p>\n

In a\u00a0statement from SAF<\/a>, Executive Director Adam Kraut hailed the announcement.<\/p>\n

\u201cWe are delighted that the Court has agreed to hear our challenge to ATF\u2019s frames and receivers Final Rule,\u201d Kraut said. \u201cATF has continuously exceeded its constitutional authority and violated the separation of powers by creating law \u2013 a job reserved exclusively for Congress. It is time for the Supreme Court to remind ATF that it may not do so and affirm the judgment of the Fifth Circuit.\u201d<\/p>\n

SAF was joined in its intervenor complaint by Defense Distributed, a Texas-based firm. In their\u00a0original complaint<\/a>, they stated, \u201cTo comply with the Second Amendment,\u201d the complaint alleged, \u201cthe promulgating agencies needed to jettison balancing tests and consider only whether their regulation is \u2018consistent with this Nation\u2019s historical tradition of firearm regulation.\u2019 Yet because that did not happen\u2014itself a key APA violation\u2014it is no surprise that the new Final Rule tramples true historical traditions.\u201d<\/p>\n

The Associated Press is reporting that arguments in the case \u201cwon\u2019t take place before fall.\u201d That could push a ruling back to possibly June of 2025.<\/p>\n

According to SCOTUS Blog, \u201cA federal district judge in Texas invalidated the rule and entered a national injunction against it. By a 5-4 vote, the Supreme Court then\u00a0stayed the order<\/strong><\/a>\u00a0pending resolution of an appeal to the U.S. Court of Appeals for the 5th Circuit and any cert. petition; Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh voted to deny the stay.\u201d<\/p>\n

For more than a half-century, since passage of the Gun Control Act of 1968, the ATF did not consider parts kits or unfinished frames and\/or receivers to be firearms. But that changed 15 months into the Biden administration.<\/p>\n

\u201cThis case typifies the Biden administration\u2019s war on the Second Amendment,\u201d said SAF founder and Executive Vice President Alan Gottlieb. \u201cClearly under Joe Biden, the ATF has unilaterally set itself up as the sole authority on firearms regulation, bypassing Congress and arbitrarily changing long-standing regulations to suit the administration\u2019s anti-gun agenda.\u201d<\/p>\n

As noted by NBC News, after the high court granted the stay while the trial moved forward, the 5th<\/sup>\u00a0U.S. Circuit Court of Appeals \u201cmostly ruled for the challengers.\u201d<\/p>\n

\u201cBecause Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature\u2019s will,\u201d the Circuit Court ruled.<\/p>\n

The Biden administration does not want to lose this case, which is not actually a Second Amendment case, but has considerable bearing on how far the government can go to regulate firearms without violating the right to keep and bear arms.<\/p>\n","protected":false},"excerpt":{"rendered":"

SCOTUS Grants Cert in SAF VanDerStok Frames, Receivers \u2018Finale Rule\u2019 Case The U.S. Supreme Court on Monday granted certiorari in the case of the \u201cFinale Rule\u201d on frames, receivers and parts kits announced by the Bureau of Alcohol, Tobacco, Firearms and Explosives in April 2022, and subsequently challenged by several entities including the Second Amendment … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39,23,36],"tags":[],"class_list":["post-101519","post","type-post","status-publish","format-standard","hentry","category-bureaucraps","category-courts","category-gun-schtuff"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/101519","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=101519"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/101519\/revisions"}],"predecessor-version":[{"id":101520,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/101519\/revisions\/101520"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=101519"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=101519"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=101519"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}