• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Another loss for the Government

Garys

NES Member
Joined
Oct 19, 2005
Messages
22,496
Likes
9,093
Location
Watching the Hippos
Feedback: 98 / 0 / 0
The 5CA has refused to issue a stay on a federal district court order barring the ATF from enforcing it's new "frame and receiver" regulation.

Entire order is here, https://assets.nationbuilder.com/fi...Motion_for_Stay_Pending_Appeal.pdf?1690229765,

but the important part is here,

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,” Defense Distributed v. Platkin, 55 F.4th 486, 491 (5th Cir. 2022), 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.

Another win for Firearm's Policy Center.
 
Translation???

For the ignernt.

Translation is that the court ruled that there is no merit on the 2 issues that FPC sued on, BUT the lower court overstepped by scrapping the whole thing so the ATF has 10 days to refile an appeal to salvage SOME of their ruling. Perhaps it's 4D chess, but I wonder why the FPC didn't sue on the whole of the rule instead of the 2 instances.

And you're old when you didn't read Cliff Notes in HS, you read Monarch Notes. (Pre-Cliff-Notes. Red and black instead of yellow and. . . white???)
 
Perhaps it's 4D chess, but I wonder why the FPC didn't sue on the whole of the rule instead of the 2 instances.

Because as nice as it would be if you could just sue about obvious constitutional violations broadly, it doesn’t work that way and courts won’t even hear cases like that nevertheless you win them.
 
Back
Top Bottom