VanDerStok v. Garland, No. 23-10718 (5th Cir. 2023)
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In April of 2022,the Bureau of Alcohol, Tobacco, Firearms,and Explosives (“ATF”)issued a Final Rule in which the terms “firearm” and “frame or receiver,” among others, were given “an updated, more comprehensive definition. The Final Rule was almost immediately the subject of litigation claiming that ATF had exceeded its statutory authority, including this case.
The Plaintiffs claimed that portions of the Final Rule, which redefine “frame or receiver” and “firearm,” exceeded ATF’s congressionally mandated authority. The plaintiffs requested that the court hold unlawful and set aside the Final Rule, and that the court preliminarily and permanently enjoin the Government from enforcing or implementing the Final Rule. The district issued, and then expanded upon, a preliminary injunction before granting Plaintiffs' motion for summary judgment, vacating the Final Rule.
The Fifth Circuit held that the two challenged portions of the Final Rule exceeded ATF's authority.
At this point, all that remained before the court was whether the appeal of the district court’s final judgment vacating the Final Rule in its entirety. In reviewing the district court's vacatur of the entire Final Rule, the court vacated the vactur order, remanding for further consideration of the remedy, considering the court’s holding on the merits.
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