Today we heard a great opinion out of the Ninth Circuit Court of Appeals. They found that knives are arms. As arms, they are presumptively protected by the plain text of the Second Amendment. Finally, they found that the government had not met their burden of finding a law from the founding that supported their modern infringement.
There is another court ruling out today. This one out of the Supreme Court.
The application for stay presented to Justice Alito and by him referred to the Court is granted. The June 30, 2023 order and July 5, 2023 judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, insofar as they vacate the final rule of the Bureau of Alcohol, Tobacco, Firearms and Explosives, 87 Fed. Reg. 24652 (April 26, 2022), are stayed pending the disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application for stay.
There will be a great gnashing of teeth over this. It affects many people, it isn’t great, but it isn’t horrible either.
In late June and early July, the District court found the ATF’s frame and receiver rule to be a violation of law, NOT on Second Amendment grounds. The ruling basically said, “The ATF can’t make law, this “regulation” is them attempting to re-write the law. If Congress wants the law to be as the ATF wants it to be, Congress has to pass that bill.”
Currently, gun control bills in the Congress are fraught with risk for both sides. The gun grabbers do NOT want people looking hard at §921 and exactly what the GCA of 1968, as amended, is worded. §922 is under attack in multiple cases, having somebody challenge the rest of the GCA on constitutional grounds is not something that they want to see happen.
The state had asked the Fifth Circuit for a stay of the injunction granted by the District Court. The state was asking for a stay until the Fifth Circuit heard the case. The Fifth Circuit told them to go pound sand. The state then made an emergency appeal to the Supreme Court looking for that stay.
Normally, these are quick. This took a little longer than Alito wanted.
What this means is that the frame and receiver rule is back until the Fifth Circuit renders their opinion. It looks like that could happen rapidly. The Fifth doesn’t like having their decisions overturned.
It is important to note that the Supreme Court did not rebuke the Fifth. Unlike what was done to the Second and Seventh circuits.
Now the state will drag their heels on this. The 3 judge panel will issue their findings. Regardless of how that goes, the losing party will ask for an en banc hearing. That will happen. If the Vanderstok loses, they will appeal. Their goal has always been to get this to the Supreme Court.
If the state loses, they might just tuck tail and take the L rather than get the Supreme Court involved.
So while this was a step back, I consider it an “ok” outcome. We will win in the end.
On the “Well, that’s to be expected.” Roberts came down on the side of the state. There is nothing strange about that. I just don’t trust him.
I would like to know what Amy Coney Barrett was thinking. She didn’t join with Thomas, Alito, Gorsuch, and Kavanaugh.