HomeNewsMerrick Garland Files Emergency Appeal

    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 brief explanation:

    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 filed 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 that vacated the “final rule” defining gun parts kits as firearms in the VanDerStok v. Garland case.

    The ruling was issued by U.S. District Judge Reed O’Connor, and the government is seeking a stay pending an appeal to the Fifth U.S. Circuit Court of Appeals. SAF was permitted to intervene in the proceeding. The Fifth Circuit refused earlier this month to suspend portions of the rule SAF successfully challenged, pending appeal. A stay was placed on issues that SAF did not contest when it intervened in the case.

    Even with the administrative suspension that Justice Alito imposed on Friday, the high court requires responses by August 2, so Garland’s “victory” may 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.

    SAF founder and executive vice president Alan M. Gottlieb issued a statement regarding the challenge of the stay in which he declared, “This case ultimately challenges the authority of the ATF to simply change rules and definitions of firearms without Congressional authority.” Gottlieb reiterated his views, saying, “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.”

    Just hours before Justice Alito’s order, Gottlieb and Kraut made their statements. However, Gottlieb emphasized that filing was likely to happen within the next week; given the current deadline, we can infer as much. “The government is saying that a kit to make a firearm should be treated the same as a firearm and that an incomplete firearm is also a firearm,” Gottlieb said. “Their position is simply nonsense.”

    Considering Alito’s proposed schedule, a significant decision could be made as soon as feasible. Given their past reluctance to intervene in subordinate courts’ decisions regarding weapon-related cases, the Supreme Court’s intervention at this level may come as a surprise.

    All of this has the consequence that Biden and others like him gain politically regardless of the outcome and have less to lose. They either appear to have triumphed or actually did win due to an improbable ruling in their favor. Those who wish to seize our firearms will have access to additional talking points regarding an allegedly misbehaving Supreme Court and the government’s efforts to combat alleged gun violence. While the mainstream media continues to make the case that there has been some degree of judicial malfeasance with regard to the actions of certain justices, that troublesome court continues to make a mess of things.

    More on this story via The Republic Brief:

    In March of this year, Senate Republicans proposed legislation codifying the Supreme Court’s landmark self-defense ruling of 2022. CONTINUE READING…

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