Liberty Park Press

Liberty Park Press

  • Headlines
  • Politics
  • 2nd Amendment
  • Tech
  • Life
  • Money
  • Sports

SAF Files Opposition Brief to Gov’t. Stay Request in VanDerStok Case

August 4, 2023 By Dave Workman

The Second Amendment Foundation has filed an opposition brief with the U.S. Supreme Court, opposing a stay request by the government in a case challenging the Biden administration’s attempt to classify unfinished firearm frames and receivers as “firearms.”

The brief was submitted to Associate Justice Samuel Alito, who acts as the Circuit Justice for the Court of Appeals for the Fifth Circuit, based in New Orleans.

As this story went to press, SAF and other plaintiffs in the case were awaiting a decision from the high court about the stay request.

In a prepared statement, SAF founder and Executive Vice President Alan Gottlieb explained, “With our attorney, Chad Flores of Houston, Texas, we’re arguing that the Biden administration’s new administrative definition of a firearm illegally expands the term beyond its critical statutory boundaries.”

He said the administration’s effort to expand the definition of a firearm to be “nothing more than a power grab.”

SAF Executive Director Adam Kraut added this observation: “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, and we are hopeful Justice Alito will understand and concur with our position.”

The case is known as VanDerStok v. Garland and was filed in August 2022 by the Firearms Policy Coalition. SAF was allowed to intervene late last year.

In a ruling last month, Judge O’Connor noted, “A part that has yet to be completed or converted to function as frame or receiver is not a frame or receiver. ATF’s declaration that a component is a ‘frame or receiver’ does not make it so if, at the time of evaluation, the component does not yet accord with the ordinary public meaning of those terms.”

On July 24, the U.S. Fifth Circuit Court of Appeals denied the government’s request for a stay against O’Connor’s ruling, explaining, “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.”

“As this case moves forward,” Kraut said at the time, “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.”

SAF asserts that the administration wants to re-define what constitutes a firearm, without any Congressional action. If allowed to go forward, the group maintains, it would create a situation where the White House can make law and simply bypass Congress.

Facebook Comments

Filed Under: 2nd Amendment, Headlines, Legal, News, Opinion, Politics

About Dave Workman

Dave Workman is an award-winning career journalist with an expertise in firearms and the outdoors. He is the author of several books dealing with firearms politics. He has a degree in editorial journalism from the University of Washington and is a lifelong Washington resident.

Please Subscribe

We respect your email privacy

Powered by AWeber Email Marketing

 

Featured Stories

Congress Passes ‘Big, Beautiful Bill,’ Eliminating NFA Taxes on SBRs, Suppressors

New Gun Restrictions, Relief Depends Upon Your State

FOLLOW-UP: NPR Eyes Trump Admin’s ATF Reform Moves

How to Safely Walk Your Dog While Armed

Fed. Judge Says CA Must Allow Non-Residents to Apply for CCW Permits

Sportsmen’s Alliance Presses WA Governor for Commission Dismissals

NY Mayoral Lighting Rod Mamdani a Career Anti-Gunner

Patrick ‘Tate’ Adamiak: ‘Thanks for the Help, New Jersey!’

VIRAL STORIES

Don’t Look Now, But The Clock Is Ticking

Domino Bot Wows Internet

The Soviet Ghost Town Of The Arctic Expanse

These Insects Redefine “The Groove”

Colossal Pizza Slice Marks The End Of An Era

The Hardheaded And Plummeting Ratings Of Sports Television

Escaping The Madness- Where On Earth Does One Go To Avoid Bubonic Politicization?

Driving A Jet Engine Or Racing A Car? Choose Wisely

About Us

Liberty Park Press is an online information website dedicated to providing you with breaking, useful, or interesting information.

Read More

PRIVACY AND TERMS

Welcome to Libertyparkpress.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use:
Continue Reading…

CONTACT US

Liberty Park Press
12500 NE 10th Place
Bellevue, WA 98005

Copyright © 2025 · Liberty Park Press Inc · all rights reserved · Log in