VanDerStok v. Garland - Biden's 'ghost gun' limits unlawful

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"The Final Rule is limitless," wrote concurring Judge Andrew S. Oldham who agreed with the majority "without qualification" but wrote separately because he considered his colleagues insufficiently brutal to the ATF. "It purports to regulate any piece of metal or plastic that has been machined beyond its primordial state for fear that it might one day be turned into a gun, a gun frame, or a gun receiver. And it doesn't stop regulating the metal or plastic until it's melted back down to ooze."

That was much the reaction of U.S. District Judge Reed O'Connor who vacated the entire ATF rule in June. The appeals court panel upholds the district court's findings, though it returns the case to the district "for further consideration of the remedy, considering this Court's holding on the merits." That might mean an outcome short of vacating the entirety of the rule, though Oldham's concurrence suggests he prefers something rather more drastic to slap down the ATF for its presumption.
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Despite the Fifth Circuit decision, the ATF rule remains in effect while the U.S. Supreme Court decides whether to take up the case, as per an August 8 order by Justice Samuel Alito.
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