Garland v. VanDerStok
| VanDerStok v. Garland | |
|---|---|
 | |
| Court | United States District Court for the Northern District of Texas |
| Full case name | Jennifer VanDerStok et. al. v. Merrick Garland et. al. |
| Decided | June 30, 2023 |
| Citation | 4:22-cv-00691-O (N.D. Tex.) |
| Case history | |
| Subsequent action | Summary Judgment for Plaintiffs |
| Court membership | |
| Judge sitting | Reed O'Connor |
VanDerStok v. Garland 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.[1] On June 30, 2023, federal District Court Judge Reed O'Connor granted a motion for summary judgment against the ATF, vacating the receiver rule nationwide on the grounds that the agency had exceeded its statutory authority.[2]
On August 8, 2023, the Supreme Court of the United States issued a stay of Judge O'Connor's nationwide vacatur while the case was on appeal before the Fifth Circuit Court of Appeals.[3] On October 2, 2023, the Fifth Circuit upheld that order, leading the Supreme Court to reissue its stay pending its appeal.[4][5]
On April 22, 2024, the Supreme Court of the United States announced it would take up the full case, scheduling oral arguments for October 8, 2024.[6][7]
History
[edit]In August 2022, Jennifer VanDerStok, Tactical Machining, the Mountain States Legal Foundation, and the Firearms Policy Coalition sued to block enforcement of the Gun Control Act on homemade firearms (also known as "ghost guns") made from a weapon parts kit.[2] Between September 2022 and January 2023, Blackhawk Manufacturing Group, Defense Distributed, the Second Amendment Foundation, JSD Supply, and Polymer80 filed motions to intervene based on their unique interests in the case.[8]
The plaintiffs argued that the ATF's 2021 regulations applying provisions of the Gun Control Act violated the Second Amendment and Administrative Procedure Act.[9] Over the course of six months, Judge O'Connor granted partial injunctive relief to many of the plaintiffs before ultimately deciding cross-motions for summary judgment against the ATF, striking down the agency's final rule. The ATF appealed O'Connor's orders to the Fifth Circuit Court of Appeals, but the Fifth Circuit upheld the injunction.[10][better source needed] After both the District Court ruling and Fifth Circuit appeal, the Supreme Court has issued stays pending appeal to delay a nationwide injunction on the ATF's regulations until it decides the case.[11][12][13]
References
[edit]- ^ "Federal Judge Grants Preliminary Injunction In VanDerStok Case". SAF.org. Second Amendment Foundation. March 3, 2023. Retrieved July 2, 2023.
- ^ a b Dan Zimmerman (July 1, 2023). "Federal Judge Throws Out ATF's Frame or Receiver Rule That Redefined What Constitutes a Firearm". TTAG.com. TTAG. Retrieved July 2, 2023.
- ^ Liptak, Adam (August 8, 2023). "By 5-4 Vote, Supreme Court Revives Biden's Regulation of 'Ghost Guns'". The New York Times.
- ^ "Fifth Circuit Narrows but Upholds Ruling Blocking Biden 'Ghost Gun' Ban". The Reload. October 3, 2023. Retrieved June 27, 2024.
- ^ Hurley, Lawrence (October 16, 2023). "Supreme Court again allows enforcement of Biden 'ghost guns' regulation". NBC News. Retrieved June 27, 2024.
- ^ "ORDER LIST: 601 U.S." (PDF). Supreme Court of the United States. April 22, 2024.
- ^ Millhiser, Ian (October 1, 2024). "The Supreme Court Will Decide Whether to Let Criminals Get Guns Without a Background Check". Vox. Retrieved October 1, 2024.
- ^ "VanDerStok v. Garland - FPC Lawsuit Challenging the ATF's "Frame or Receiver" Rule". Firearms Policy Coalition. Retrieved October 1, 2024.
- ^ Dan Zimmerman (March 3, 2023). "Federal Judge Grants Injunction Blocking Enforcement of ATF's Frame or Receiver Rule". TTAG.com. TTAG. Retrieved July 2, 2023.
- ^ "Fifth Circuit Court of Appeals Doubles Down on its Extreme, But Futile, Decision to Invalidate ATF's Life-Saving Ghost Gun Rule, Everytown Responds". Everytown. Retrieved June 27, 2024.
- ^ Hurley, Lawrence (August 8, 2023). "Supreme Court allows Biden to regulate 'ghost guns'". NBC News.
- ^ Liptak, Adam (October 16, 2023). "Supreme Court Again Lets Biden's Limits on 'Ghost Guns' Stand". The New York Times. ISSN 0362-4331. Retrieved June 27, 2024.
- ^ Millhiser, Ian (October 17, 2023). "The Supreme Court's very brief, very revealing new decision about guns, explained". Vox. Retrieved June 27, 2024.
Sources
[edit]- VanDerStok Opinion, "Jennifer VanDerStok et. al. v. Merrick Garland et. al. 1:15-cv-00372-RP (W.D. Tex.)" (PDF). June 30, 2023. Retrieved July 2, 2023.