FORT WORTH, TX (September 2, 2022) – Today, Firearms Policy Coalition (FPC) secured a partial victory in VanDerStok v. Garland, in the form of a partial and limited injunction in its lawsuit challenging the ATF’s rule that would create new terms and enact a slew of regulations for the agency to enforce. The opinion can be viewed at FPCLegal.org.
"The Final Rule’s redefinition of ‘frame or receiver’ conflicts with the statute’s plain meaning," wrote Federal District Court Judge Reed O’Connor in his Order. "The definition of 'firearm' in the Gun Control Act does not cover all firearm parts. It covers specifically 'the frame or receiver of any such weapon' that Congress defined as a firearm. 18 U.S.C. § 921(a)(3)(B). That which may become a receiver is not itself a receiver."
Specifically, today’s ruling:
- Finds that the plaintiffs are likely to succeed in their challenge to the ATF’s "Frame or Receiver" Rule;
- Grants a preliminary injunction as to plaintiff Tactical Machining, but does not grant a preliminary injunction in regards to Tactical Machining’s customers, other manufacturers or retailers, or any other individuals interested in buying the affected products; and,
- Gives the plaintiffs an opportunity "to submit further briefing and evidence on the scope of the injunction" by September 8th, with a response from the government due 7 days later.
"This is an important initial victory, but we have much more work to do in this case," said FPC’s Senior Attorney for Constitutional Litigation Cody J. Wisniewski. "We look forward to presenting the Court with additional arguments and moving this case towards a full decision recognizing the deep flaws with the Agencies’ Rule as soon as possible."
Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutionally protected rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.
FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.