By Dave Workman
Editor-in-Chief
The U.S. Supreme Court on Tuesday granted a stay sought by the Biden administration in a federal challenge of the “new rule” on frames and receivers published by the Bureau of Alcohol, Tobacco, Firearms and Explosives, allowing the rule to remain in effect while the case moves through the U.S. 5th Circuit Court of Appeals.
This came after the Second Amendment Foundation (SAF) and other groups filed briefs opposing the stay. SAF was allowed to intervene in the case, which is known as VanDerStok v. Garland, as a plaintiff. The high court stay is in effect through the final disposition of the appeal, including a petition for certiorari. If that petition is made and denied, the stay terminates. If certiorari is granted, the stay remains in effect pending the Supreme Court’s ruling.
“While we are disappointed that the Government’s final rule remains in effect pending the outcome of our appeal,” said SAF Executive Director Adam Kraut, “we remain optimistic that we will ultimately prevail. We believe the district court’s rationale, striking down the final rule, was legally sound and we look forward to defending our position on appeal.”
Earlier, Kraut had observed, “The Biden administration’s new definition is in direct contradiction to the 1968 Gun Control Act, and they know it. The administration is attempting to literally re-define what constitutes a firearm. We contend that District Judge Reed O’Connor’s summary judgment in this case was spot-on.”
SAF founder and Executive Vice President Alan M. Gottlieb was not discouraged by Tuesday’s court ruling on what essentially is a procedural matter.
“The Supreme Court, in issuing its ruling, did not address the merits of the case,” Gottlieb noted. “They only said the stay will remain in effect pending the appeal now before the Fifth Circuit, and disposition of a writ of certiorari, if such a writ is timely sought.
“Now that the Fifth Circuit can actually rule on the merits of this case,” Gottlieb added, “we expect a very favorable ruling.”
Oral arguments in the case are scheduled for Thursday, Sept. 7. Kraut said this signals the case “is going to move quickly.”
