Post Bruen federal case rundown

Posted on October 3, 2023 by John Pierce

United States v. Rahimi

Issue

Whether 18 U.S.C. § 922(g)(8), which prohibits the possession of firearms by persons subject to domestic-violence restraining orders, violates the Second Amendment on its face.

Status

February 2, 2023 / March 2, 2023 – The Fifth Circuit Court of Appeals struck down U.S.C. § 922(g)(8) as unconstitutional.

June 30, 2023 – The Supreme Court agreed to hear the case.  Outcome pending.

VanDerStok v. Garland

Issue

Whether the Bureau of Alcohol, Tobacco, Firearms, and Explosives should be enjoined from enforcing a 2022 rule regulating “ghost guns” as firearms.

Status

June 30, 2023 / July 5 2023 – The United States District Court for the Northern District of Texas issued an order vacating the rule nationwide.

July 28, 2023 – The Supreme Court stayed (put on hold) the June 30, 2023 order and July 5, 2023 final judgment of the United States District Court for the Northern District of Texas pending the outcome of the appeal to the Fifth Circuit Court of Appeals.

October 2, 2023 – The Fifth Circuit Court of Appeals ruled that the nationwide vacatur was too expansive but that the preliminary injunction regarding the named plaintiffs was reinstated.

This entry was posted in 2A, 922(g), Bruen Decision, Court Rulings, Domestic Violence, Federal Court, Federal Law, Fifth Circuit, Opinion, SCOTUS, Second Amendment, US Supreme Court. Bookmark the permalink.