Summary: Gun control groups and cities sued the ATF, attempting to redefine so-called "80% receivers" as a firearm receiver. FPC is intervening on behalf of itself and its members, who include producers, sellers, buyers, and possessors of non-firearm objects to ensure that their rights and interests are protected.
Applicant Intervenors: Firearms Policy Coalition, 80% Arms, Zachary Fort, Frederick Barton
Plaintiffs: Syracuse, NY, San Jose, CA, Chicago, IL, Columbia, SC, Everytown for Gun Safety Action Fund, and Everytown for Gun Safety Support Fund
Defendants: BATFE, Regina Lombardo as Acting Director of the BATFE, US-DOJ, Attorney General William Barr
Litigation Counsel: Cody J. Wisniewski, David Jensen
Docket: S.D. NY case no. 1:20-cv-06885, Second Circuit case no. 21-191 | CourtListener Docket
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Key Events & Filings:
Circuit Court:
- 2022-8-3: Order
- 2022-7-7: Letter Brief
- 2022-7-1: Letter Brief
- 2022-5-17: Order
- 2022-5-11: 28(j) Letter
- 2022-5-4: 28(j) Letter
- 2022-4-18: 28(j) Letter
- 2022-2-28: Order
- 2022-2-16: 28(j) Letter
- 2021-7-27: Reply Brief
- 2021-7-6: Response Brief for Plaintiffs-Appellees
- 2021-4-22: Opening Brief; Appendix
District Court:
- 2022-10-3: Joint Status Report
- 2022-5-6: Order: The parties' proposal to administratively close this case is granted.
- 2022-4-29: Letter re: Status Update and Request to Administratively Close This Case
- 2021-6-21: Order Granting Letter Motion to Stay
- 2021-6-21: Letter Motion to Stay
- 2021-4-27: Order Granting Temporary Stay
- 2021-4-26: Letter Requesting Temporary Stay
- 2021-4-15: Polymer80 Motion for Summary Judgment
- 2021-3-19: Reply in Support of Defendants' Motion for Summary Judgment
- 2021-3-19: Order Granting Polymer80 Motion to Intervene
- 2021-3-5: Reply in Support of Plaintiff's Motion for Summary Judgment
- 2021-2-5: Brief of amici curiae Zachary Fort; Frederick Barton; Blackhawk Manufacturing Group, Inc.; and Firearms Policy Coalition, Inc.
- 2021-1-29: Defendants' Motion for Summary Judgment
- 2021-1-29: Reply in Support of Polymer80 Motion to Intervene
- 2021-1-22: Plaintiffs' Opposition to Polymer80 Motion to Intervene
- 2021-1-2: Order Denying FPC Motion to Intervene
- 2020-12-30: Polymer80 Motion to Intervene
- 2020-12-10: Reply in Support of FPC Motion to Intervene
- 2020-12-9: Plaintiffs' Motion for Summary Judgment
- 2020-12-3: Plaintiff's Opposition to FPC Motion to Intervene
- 2020-11-12: Motion to Intervene
- 2020-11-12: Memorandum in Support
- 2020-11-12: Declarations of Frederick Barton, Brandon Combs, Zachary Fort, Tilden Smith
- 2020-8-27: Complaint
Related News Releases:
- 2021-4-23: FPC Files First Appellate Brief in Effort to Intervene in Lawsuit Seeking to Force ATF to Expand Definition of “Firearm”
- 2021-2-5: FPC Continues Fight in Anti-Rights Lawsuit Seeking to Force ATF to Expand Definition of “Firearm” to Include So-Called “80%” Objects
- 2020-11-12: FPC Moves to Intervene in Gun Control Lawsuit That Seeks to Compel ATF to Reinterpret Definition of "Firearm"
