Second Amendment Roundup: Supreme Court Should Hold its Decision in VanDerStok
As of now, of the nine cases argued in the Supreme Court’s October calendar, five have been decided. Still pending is Garland v. VanDerStok, which was argued on October 8. Before rendering a decision, the Court should give the Trump Administration an opportunity to express its views of the case with the Court. It’s a challenge to the Final Rule of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) redefining and expanding the definitions of “firearm” and “firearm frame or receiver” that criminalizes conduct not made unlawful by Congress, with Second Amendment implications.
The new Administration is sure to hold views adverse to those presented by the Biden Administration. Indeed, the Plaintiffs’ arguments in the case are similar to those made by DOJ in defense of the previous, longstanding regulatory definition of “firearm” before the Biden Administration upended that definition in the Rule.
On February 7, the President issued the Executive Order Protecting Second Amendment Rights directing the Attorney General to examine all regulations and other actions of executive departments to assess any ongoing infringements on Second Amendment rights and to propose a plan of action to the President to protect those rights. That includes rules promulgated by ATF and the positions taken by the United States in ongoing litigation that could affect the ability of Americans to exercise their Second Amendment rights.
Prompted by the Executive Order, Senator John Cornyn (R-Texas) and 29 other U.S. Senators wrote to ATF Deputy Director Marvin Richardson requesting that ATF immediately rescind several regulations promulgated by the Biden Adminis
Article from Reason.com
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