Challenges to ATF “Ghost Gun” Final Rule (ATF 2021R-05) Megathread

[pcfixer]

Aug 08 2023

Application (23A82) 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.

 

[DanGuy48]

Aug 08 2023

Application (23A82) 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.

Can someone translate that into the English language for, you know, us common folk?

 

[King Chicken]

Can someone translate that into the English language for, you know, us common folk?

Whats so hard about

a writ of certiorari, if such a writ

 

[Inigoes]

Can someone translate that into the English language for, you know, us common folk?

The SCOTUS is allowing the process to unfold.

If Garland fails to appeal or is not granted certiorari, the stay is then dismissed.

4 justices have gone on record of not taking the case.

 

[pcfixer]

The SCOTUS is allowing the process to unfold.

If Garland fails to appeal or is not granted certiorari, the stay is then dismissed.

4 justices have gone on record of not taking the case.

I don't think so exactly. This is diferent to me. Just 4 deny the stay.

Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh "would deny the application for stay."

 

[Inigoes]

I don't think so exactly. This is diferent to me. Just 4 deny the stay.

Which means they agree with the lower court's ruling to me.

 

[pcfixer]

Which means they agree with the lower court's ruling to me.

Yes. When worded like this I'd agree.

 

[Blacksmith101]

Link to the order on the Supreme Court Docket:

https://www.supremecourt.gov/orders/courtorders/080823zr_dc8f.pdf

It appears Alito polled the full court and it was 5 to 4 in favor of the stay. However it might have been 4 to 4 with one not voting (?) because I think ties go to the plaintiff (?).

Also both sides have already asked for certiorari in their filings so I don't know how the following is effected? It could mean it is probable this case will go all the way.

"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."

Here is your favorite long winded YouTube Lawyer analysis of this:

 

[Garet Jax]

90-120 minutes, if I have to assemble the upper from parts. 45 minutes if I have a complete upper to slap on.

Does this include the small parts you drop on the floor and have to do the crawl of shame to find?

 

[teratos]

Does this include the small parts you drop on the floor and have to do the crawl of shame to find?

No. I have extra parts galore. I'll find them later. If I need 1 small part, I order 10.

 

[FrankZ]

No. I have extra parts galore. I'll find them later. If I need 1 small part, I order 10.

I just don't understand why you don't work on your guns in the same room as the parts, unless you need that workout running back and forth.

 

[teratos]

I just don't understand why you don't work on your guns in the same room as the parts, unless you need that workout running back and forth.

Lol. Trying to organize. My workshop is tiny, as you know.

 

[FrankZ]

Lol. Trying to organize. My workshop is tiny, as you know.

I think you have too many guns. I could help with that situation, ya know.. as a friend.

 

[Inigoes]

Some movement this week

A three-judge panel for the 5th U.S. Circuit Court of Appeals on Monday ruled President Joe Biden's bid to ban so-called ghost gun kits cannot be enforced on two unfinished gun part manufacturers. Justice Department lawyers filed an emergency application on Thursday, asking the justices to "vacate" the original district court's injunction against the regulations, which was subsequently stayed by a narrow 5-4 ruling on Aug. 8.

Biden DOJ turns to Supreme Court to shield ghost gun regulations - Washington Examiner

The Biden administration is once again turning to the Supreme Court for relief after the Justice Department said an appeals court defied the high court's prior ruling upholding ghost gun regulations.A three-judge panel for the 5th U.S. Circuit Court of Appeals on Monday ruled President Joe...

www.washingtonexaminer.com

 

[pcfixer]

I'd like to read the SCOTUS order!!

https://storage.courtlistener.com/recap/gov.uscourts.txnd.372609/gov.uscourts.txnd.372609.92.0.pdf

Case 4:23-cv-00095-O Mock V Garland

quoted the Court’s injunction extends to enjoin enforcement of the Final Rule against the Firearms Policy Coalition, Inc. and all of its members whose interests it has represented since day one of this litigation.

So again- Where is the SCOTUS ruling?-

Biden DOJ turns to Supreme Court to shield ghost gun regulations - Washington Examiner

The Biden administration is once again turning to the Supreme Court for relief after the Justice Department said an appeals court defied the high court's prior ruling upholding ghost gun regulations.A three-judge panel for the 5th U.S. Circuit Court of Appeals on Monday ruled President Joe...

www.washingtonexaminer.com

 

[pcfixer]

. Justice Department lawyers filed an emergency application on Thursday, asking the justices to "vacate" the original district court's injunction against the regulations, which was subsequently stayed by a narrow 5-4 ruling on Aug. 8.

Something doesn't make sense. today is Oct 6, 2023. this refers to the ruling on Aug 8 2023.

 

[Allen65]

Some movement this week

Biden DOJ turns to Supreme Court to shield ghost gun regulations - Washington Examiner

The Biden administration is once again turning to the Supreme Court for relief after the Justice Department said an appeals court defied the high court's prior ruling upholding ghost gun regulations.A three-judge panel for the 5th U.S. Circuit Court of Appeals on Monday ruled President Joe...

www.washingtonexaminer.com

I can't imagine SCOTUS intervening, if for no other reason than this is just a PI, not a final ruling. They've stayed out of overruling inferior courts on "emergency" PIs on 2A issues, for the most part. Also I think odds are >>50% chance of SCOTUS upholding or emplacing a mandate against the rule, once the issue percolates back up on final decision.

 

[Blacksmith101]

. Justice Department lawyers filed an emergency application on Thursday, asking the justices to "vacate" the original district court's injunction against the regulations, which was subsequently stayed by a narrow 5-4 ruling on Aug. 8.

Something doesn't make sense. today is Oct 6, 2023. this refers to the ruling on Aug 8 2023.

It is two different things. The first Aug. 8 was on the Vacator finding and the new one is on the Preliminary Injunction.

This one explains what is happening:

 

[Blacksmith101]

Breaking News (30 minutes ago)

 

[pcfixer]

Breaking News (30 minutes ago)

Thank You. Much appreciated to view videos.
I for one would like to see the "Writen Stay" from SCOTUS. Yep, want to see it.