The Supreme Court stays
vacatur of ATF regulations.

On August 8, the Supreme Court issued an order staying an order by a district court in Texas, which the Fifth Circuit had affirmed, vacating new ATF regulations that expand the definition of "firearm" beyond what Congress enacted in the Gun Control Act (GCA). Justices Thomas, Alito, Gorsuch, and Kavanaugh would have denied the application for a stay.

The Fifth Circuit has also reversed an order denying a preliminary injunction against a different set of ATF regulations on the grounds that the plaintiffs are likely to succeed on the merits. The Fifth Circuit temporarily enjoined the regulations to allow the district court to consider the other preliminary injunction factors.

ATF adopted two final rules in 2022. In the first, ATF expanded the definition of "firearm" far beyond that enacted by Congress. In the second, ATF expanded the definition of "rifle" beyond that in the National Firearms Act (NFA) to include configurations that it previously deemed not to be rifles. Both of these new regulations increase ATF's grip on both the firearm industry and consumers, exposing them to a wider net of criminal prohibitions under the GCA and NFA.

The Fifth Circuit put the brakes on both sets of regulations. While the primary issue in both cases is whether ATF has power to expand the definitions set by Congress, the Second Amendment keeps gurgling below the surface. Here's the backstory... .....