Patrick Adamiak has appealed, but the Justice Department is now taking the position that the Supreme Court’s VanDerStok ruling supports its stance and is asking the Court of Appeals to affirm the conviction.
For decades prior to the 2020 election, club members had been using a wide array of rifle and pistol ranges at Fort Devens free of charge. The Joe Biden took office.
The prospect of the Department of Justice moving to protect individuals’ rights — and gun rights in particular — has come a shock to the system of the civilian disarmament industrial complex.
The ruling from the high court said any firearms kit that is “capable of being readily….converted to expel a projectile by the action of an explosive” is covered under the Gun Control Act.
Franklin Armory has been battling the characterization of their Reformation as a short barrel shotgun by the ATF for years, but they’ve now secured a resounding win. Despite ATF’s best efforts, the Reformation is back and ready for the market.
VanDyke is in a unique position here. As a judge rather than a party to the case, he can do pretty much whatever he wants. And he’s using that power to say the majority is using the rule against judges bringing outside facts to cover up their real goal.
If Duncan were to be denied cert, that would mean the terrible Ninth Circuit ruling would go into effect. Thousands of Californians would have to give up millions of their Freedom Week magazines. Inevitably, many of them would refuse.
With the stakes higher than ever, all eyes are now on the Texas legislature to see if it will stand for self-defense rights or allow gun owners who are cleared of criminal charges to be punished in civil court for staying alive.
What’s highly unusual, however, is the extent to which dissenting Judge Lawrence VanDyke went to illustrate the fallacies adopted by the majority in justifying their opinion.
Bondi has instituted a new interim final rule that takes the process away from ATF where it’s been unfunded and dormant for the last three decades. The new rule goes into effect immediately, though the public can comment for the next 90 days.
