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The Second Amendment Foundation (SAF) applauds a recent Fifth Circuit Court ruling. The ruling comes from the case VanDerStok v. Garland. It challenges the right of two federal agencies to regulate non-firearms as firearms.
SAF actively opposed the ATF’s redefinition of frames and receivers. The court didn’t delay rule sections that SAF disputed during appeal. However, the court did grant a stay for issues SAF didn’t contest.
Chad Flores, an attorney, represents SAF and its partners in this VanDerStok case. The ATF, according to the Fifth Circuit panel, couldn’t prove a likely success or any irreversible harm without a stay.
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.
Adam Kraut, SAF’s Executive Director, showed confidence in the ruling. He stated the court’s refusal to delay their challenge during appeal looks promising. This was particularly because ATF failed to show a likely success.
SEE ALSO: Fed. Judge Vacates ATF ‘Final Rule’ On Unfinished Frames, Receivers
“The court issued a ruling which declined to stay our successful challenge during this appeal,” said Kraut in a press release obtained by GunsAmerica. “As this case moves forward, we expect to again prevail on the portions of the Final Rule that we challenged. The court’s finding that ATF had not demonstrated a strong likelihood of success on the merits bodes well for SAF and its members.”
Alan M. Gottlieb, SAF founder, voiced delight in the ruling. He criticized the Biden administration’s overreach, promising to see the case through.
“We’re delighted the court ruled in favor of our challenges to the Biden administration’s overreach, and we will pursue this case to its ultimate conclusion,” said Gottlieb.
As always, stay tuned for updates.
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It’s the same thing over and over with the Biden Admin. They make a rule, it gets challenged in court and they lose. They don’t care about the law, they only care about lining their pockets and trying to disarm the populace so it cannot fight tyranny.