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« transcript of Hunter Biden plea hearing | Main | "Qualified immunity" as a tool for violating 2A rights? »

Gov't takes "ghost gun" regulations to Supreme Court

Posted by David Hardy · 27 July 2023 04:24 PM

In Garland v. Vanderstock, Firearms Policy Coalition, joined by Second Amendment Foundation, sued to challenge several aspects of ATF's "ghost gun" receiver regulations. The district court granted an injunction against enforcement of the entire regulation. The government appealed to the Fifth Circuit and asked it to stay the injunction. The Circuit stayed only part of it, ruling that the government hadn't shown it was likely to succeed on the rest.

The government has now appealed that ruling to the Supreme Court. It moves the Court to vacate the stay and, if necessary, treat the motion as a petition for certiorari before judgment (i.e., before the Fifth Circuit rule on the appeal).

5 Comments | Leave a comment

Fyooz | July 27, 2023 7:00 PM | Reply

aren't "before judgment" petitions nornally denied?

Tom | July 28, 2023 11:49 AM | Reply

One must admit that the Government makes a good argument against national injunctions at the District court level.
Let's hope someone brings that up the next time the Government wants an national injunction at the District court level.

They also have opened the definition of receiver can of worms specifically as it relates to AR-type rifles.

They define “receiver” [as] “something that acts as a receptacle or container”; here, “the metal frame in which the action of a firearm is fitted and to which the breech end of the barrel is attached” or “the main body of the lock in a breech mechanism.”

Yet in 27 CFR 478.12, it is the AR15 lower receiver that is considered the "receiver" for serialization purposes.

AN AR15 lower receiver contains the main body of the lock but is not "a breech mechanism" nor is it the part to which the "barrel is attached."

It is my understanding that ATF has lost cases at the trial court level on this very point but do not appeal because they don't want to lose at that level and then later have that used against them in other cases.

FW | July 29, 2023 8:33 AM | Reply

We would not face these issues if the SC had not allowed delegation of powers as well as penumbras, emanations, and implications. The SC it to blame for pretty much every ill concerning the corruption of the Constitution.

Marcus Poulin | August 9, 2023 12:15 AM | Reply

Are ACB, Alito, & Thomas Setting Up These 2nd Amendment Cases for a Final Knockout Blow to the Anti’s in the Next 2 Terms?

FW | August 9, 2023 11:39 AM | Reply

The SC has been the bane of all things constitutional since its beginnings. SC decisions constantly violate the provisions of the Constitution. It's as if they have special copies of the Constitution double spaced so they can read between the lines. The SC is NOT empowered to interpret the Constitution BECAUSE the SC was created BY the Constitution and no entity has the authority to define its Creator.

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