Summary: Federal lawsuit challenging the ATF's "frame or receiver" rule.

Plaintiffs: Jennifer VanDerStok, Michael Andren, Tactical Machining, and Firearms Policy Coalition

Defendants: Attorney General Merrick Garland, United States Department of Justice, ATF Directer Stephen Dettelbach, and Bureau of Alcohol, Tobacco, Firearms, and Explosives

Litigation Counsel: R. Brent Cooper, Cody Wisniewski, Kaitlyn Schiraldi, and Erin Erhardt

Docket: N.D. TX case no. 4:22-cv-00691, Fifth Circuit case nos. 22-11071, 22-11086, 23-10463, and 23-10718, Supreme Court case nos. 23A82, 23A302, and 23-852 | CourtListener Docket

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Key Events & Filings:

Supreme Court (Merits)

• 2024-10-8: Oral Arguments
• 2024-10-1: Letter
• 2024-9-26: Letter
• 2024-9-12: Reply Brief for the Petitioners
• 2024-8-13: Brief of Respondents Defense Distributed, Polymer80, Inc., Not an L.L.C. (Doing Business as JSD Supply), and the Second Amendment Foundation, Inc.
• 2024-8-13: Brief for Respondents VanDerStok, Andren, Tactical Machining, Firearms Policy Coalition, Inc., and Blackhawk Manufacturing Group, Inc.
• 2024-6-25: Brief for the Petitioners
• 2024-4-22: Petition GRANTED.
• 2024-4-15: DISTRIBUTED for Conference of 4/19/2024.
• 2024-3-27: Reply Brief for the Petitioners
• 2024-3-27: DISTRIBUTED for Conference of 4/12/2024.
• 2024-3-8: Brief of Respondents Defense Distributed, Polymer80, Inc., Not An L.L.C. (Doing Business as JSD Supply), and the Second Amendment Foundation, Inc.
• 2024-3-7: Brief of Respondents VanDerStok, Andren, Tactical Machining, Firearms Policy Coalition, Inc., and Blackhawk Manufacturing Group, Inc.
• 2024-2-7: Petition for a Writ of Certiorari

Supreme Court (Injunctions Pending Appeal)

• 2023-10-16: Application (23A302) to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The September 14, 2023 order of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, is vacated.
• 2023-10-12: Reply in Support of Application to Vacate the Injunction Pending Appeal
• 2023-10-11: Brief in Opposition of Defense Distributed
• 2023-10-11: Response to Application to Vacate the Injunction Pending Appeal Entered by the United States District Court for the Northern District of Texas
• 2023-10-6: Order issued by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the September 14, 2023 order of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, is hereby administratively stayed until 5 p.m. (EDT) on Monday, October 16, 2023. It is further ordered that any response to the application be filed on or before Wednesday, October 11, 2023, by 5 p.m. (EDT).
• 2023-10-5: Application to Vacate the Injunction Pending Appeal Entered by the United States District Court for the Northern District of Texas

Supreme Court (Summary Judgment Stay)

• 2023-8-8: Application (23A82) for stay presented to Justice Alito and by him referred to the Court is granted. The June 30, 2023 order and July 5, 2023 judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, insofar as they vacate the final rule of the Bureau of Alcohol, Tobacco, Firearms and Explosives, 87 Fed. Reg. 24652 (April 26, 2022), are stayed pending the disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court. Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application for stay.
• 2023-8-4: Order issued by Justice Alito: Upon further consideration of the application of counsel for the applicants, the responses, and the reply filed thereto, it is ordered that the stay issued on July 28, 2023, is hereby extended until 5 p.m. (EDT) on Tuesday, August 8, 2023.
• 2023-8-3: Reply in Support of Application for a Stay
• 2023-8-2: Response to Application for a Stay of the Judgment Entered by the United States District Court for the Northern District of Texas
• 2023-8-2: Brief in Opposition of Defense Distributed, Second Amendment Foundation, Inc., and Not an LLC, LLC, Doing Business as JSD Supply
• 2023-8-2: Respondents VanDerStok, Andren, Tactical Machining, Firearms Policy Coalition, Inc., and Polymer80, Inc.’s Response in Opposition to Stay
• 2023-7-28: Order issued by Justice Alito: Upon consideration of the application of counsel for the applicants, it is ordered that the June 30, 2023 order and July 5, 2023 final judgment of the United States District Court for the Northern District of Texas, case No. 4:22-cv-691, are hereby administratively stayed until 5 p.m. (EDT) on Friday, August 4, 2023. It is further ordered that any response to the application be filed on or before Wednesday, August 2, 2023, by 5 p.m. (EDT).
• 2023-7-27: Application for a Stay of the Judgment Entered by the United States District Court for the Northern District of Texas

Circuit Court (Merits)

• 2023-11-20: Order
• 2023-11-16: Plaintiffs-Appellees’ Joint Motion for Immediate Issuance of the Mandate
• 2023-11-9: Opinion
• 2023-10-2: Order on Motion to Vacate Injunction
• 2023-9-28: 28(j) Letter
• 2023-9-28: Oral Arguments on Motion to Vacate the Injunction Pending Appeal
• 2023-9-26: Supplemental Brief in Response to This Court’s September 25, 2023 Order
• 2023-9-26: Reply in Support of Emergency Motion Pursuant to Circuit Rule 27.3 to Vacate Injunction Pending Appeal
• 2023-9-25: Court Directive Requesting Supplemental Briefing
• 2023-9-22: Defense Distributed’s Response to the Emergency Motion for a Stay Pending Appeal
• 2023-9-22: BlackHawk Manufacturing Group, Inc.’s Response in Opposition to Emergency Motion to Vacate Injunction Pending Appeal
• 2023-9-19: Letter
• 2023-9-19: Emergency Motion Pursuant to Circuit Rule 27.3 to Vacate Injunction Pending Appeal
• 2023-9-7: Oral Arguments
• 2023-8-29: Reply Brief for Appellants
• 2023-8-23: Brief of Defense Distributed, the Second Amendment Foundation, Inc., and Not An LLC, LLC, doing business as JSD Supply
• 2023-8-23: Brief for Appellee BlackHawk Manufacturing Group, Inc.
• 2023-8-23: Response Brief for Plaintiffs-Appellees and Intervenor Plaintiff-Appellee Polymer80
• 2023-8-16: Brief for Amicus Curiae Gun Owners for Safety
• 2023-8-9: Brief for Appellants
• 2023-7-24: Letter Requesting Clarification
• 2023-7-24: Unpublished Order
• 2023-7-21: Reply in Support of Emergency Motion Pursuant to Circuit Rule 27.3 for Stay Pending Appeal
• 2023-7-20: Brief for Amicus Curiae the Firearms Regulatory Accountability Coalition, Inc., in Support of Plaintiffs-Appellees and in Opposition to a Stay Pending Appeal
• 2023-7-20: Response by Defense Distributed, the Second Amendment Foundation, Inc. and Not An LLC, LLC, doing business as JSD Supply to the Emergency Motion for a Stay Pending Appeal
• 2023-7-20: Blackhawk Manufacturing Group, Inc.’s Response in Opposition to Emergency Motion for Stay
• 2023-7-20: Response in Opposition to Emergency Motion Pursuant to Circuit Rule 27.3 for Stay Pending Appeal
• 2023-7-18: Emergency Motion Pursuant to Circuit Rule 27.3 for Stay Pending Appeal

Circuit Court (Preliminary Injunctions)

• 2023-9-6: Order Dismissing Appeal
• 2023-8-31: BlackHawk Manufacturing Group Inc.’s Response and Withdrawal of Objection to Government’s Motion to Voluntarily Dismiss Appeals
• 2023-8-31: Reply in Support of Motion to Voluntarily Dismiss Appeals
• 2023-8-30: Order
• 2023-8-24: BlackHawk Manufacturing Group Inc.’s Response to Government’s Motion to Voluntarily Dismiss Appeals
• 2023-8-14: Order Dismissing Appeal
• 2023-8-14: Motion to Voluntarily Dismiss Appeals
• 2023-3-2: Reply Brief for Appellants
• 2023-2-9: Brief for Intervenor Plaintiff-Appellee
• 2023-2-9: Brief for Plaintiff-Appellees
• 2022-12-27: Brief of the District of Columbia and the States of New Jersey, Pennsylvania, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, North Carolina, Oregon, Rhode Island, and Washington as Amici Curiae in Support of Defendants-Appellants
• 2022-12-20: Brief for Appellants
• 2022-12-15: Order Granting Motion to Consolidate
• 2022-12-13: Motion to Consolidate

District Court

• 2024-2-13: Order
• 2023-11-03: Order
• 2023-10-24: Plaintiff Tactical Machining, LLC’s Notice of Withdrawal of Motion for Injunction Pending Appeal
• 2023-10-5: Defendants’ Consolidated Brief in Opposition to Tactical Machining and JSD Supply’s Motions for Injunction Pending Appeal
• 2023-9-20: Not an LLC d/b/a JSD Supply’s Joinder to Defense Distrubuted and Blackhawk Manufactoring Group Inc. d/b/a 80 Percent Arms’ Emergency Motions for Injunctive Relief Pending Appeal
• 2023-9-15: Plaintiff Tactical Machining, LLC’s Motion for Injunction Pending Appeal and Accompanying Memorandum in Support
• 2023-9-14: Opinion & Order on Defense Distributed and BlackHawk Manufacturing Group Inc. D/b/a 80 Percent Arms’ Emergency Motions for Injunctive Relief Pending Appeal
• 2023-8-21: Defense Distributed’s Reply in Support of Its Opposed Emergency Motion for Injunction Pending Appeal
• 2023-8-21: BlackHawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Reply in Support of Its Opposed Emergency Motion to Clarify the Status of Injunctive Relief, or, in the Alternative, for an Injunction to Enforce Unstayed Aspects of Final Judgment, or a Preliminary Injunction Pending Appeal
• 2023-8-17: Defendants’ Consolidated Brief in Opposition to Defense Distributed and BlackHawk Manufacturing Group’s Motions for Injunction Pending Appeal
• 2023-8-14: BlackHawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Opposed Emergency Motion to Clarify the Status of Injunctive Relief, or, in the Alternative, for an Injunction to Enforce Unstayed Aspects of Final Judgment, or a Preliminary Injunction Pending Appeal
• 2023-8-9: Defense Distributed’s Opposed Emergency Motion for Injunction Pending Appeal
• 2023-7-25: Order
• 2023-7-20: Not an LLC d/b/a JSD Supply’s Reply in Support of Its Emergency Motion for Injunction Pending Appeal
• 2023-7-20: Defense Distributed’s Reply in Support of Defense Distributed’s Opposed Emergency Motion for Injunction Pending Appeal
• 2023-7-19: Defendants’ Combined Opposition to Defense Distributed and JSD Supply’s Emergency Motions for Injunction Pending Appeal
• 2023-7-18: Not An LLC d/b/a JSD Supply’s Emergency Motion for Injunction Pending Appeal
• 2023-7-18: Defense Distributed’s Opposed Emergency Motion for Injunction Pending Appeal
• 2023-7-18: Order Granting 7-Day Administrative Stay
• 2023-7-14: Defendants’ Emergency Motion for Stay Pending Appeal
• 2023-7-13: Notice of Appeal
• 2023-7-5: Final Judgment
• 2023-6-30: Memorandum Opinion & Order on Parties’ Cross-motions for Summary Judgment & Motions to Intervene
• 2023-5-11: Polymer80, Inc.’s Reply in Support of Its Motion to Intervene
• 2023-5-11: Not an LLC d/b/a JSD Supply’s Reply in Support of Motion to Intervene
• 2023-5-10: Plaintiffs’ Opposition to Not an LLC (JSD Supply) and Polymer 80, Inc.’s Motions to Intervene
• 2023-5-1: Notice of Appeal
• 2023-4-27: Defendants’ Opposition to Not an LLC dba JSD Supply’s Motion to Intervene
• 2023-4-27: Defendants’ Opposition to Polymer80, Inc.’s Motion to Intervene
• 2023-4-19: Reply Brief in Support of Defendants’ Cross-Motion for Summary Judgment
• 2023-3-6: Defense Distributed and the Second Amendment Foundation, Inc.’s Summary Judgment Response/Reply Brief
• 2023-3-6: Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Reply Brief in Support of Motion for Summary Judgment and in Opposition to Defendants’ Cross-motion for Summary Judgment
• 2023-3-6: Plaintiffs’ Combined Reply Brief in Support of Their Motion for Summary Judgment and Response to Defendants’ Cross-motion for Summary Judgment
• 2023-3-2: Opinion & Order on Defense Distributed and the Second Amendment Foundation, Inc.’s Motion for a Preliminary Injunction
• 2023-2-17: Reply Brief in Support of Defense Distributed and the Second Amendment Foundation, Inc.’s Motion for Preliminary Injunction
• 2023-2-13: Defendants’ Combined Brief in Opposition to Original Plaintiffs’ and Intervenor-Plaintiffs’ Motions for Summary Judgment and in Support of Defendants’ Cross-motion for Summary Judgment
• 2023-2-2: Defendants’ Brief in Opposition to Defense Distributed and the Second Amendment Foundation, Inc.’s Motion for a Preliminary Injunction
• 2023-1-12: Defense Distributed and the Second Amendment Foundation, Inc.’s Motion for Summary Judgment
• 2023-1-12: Defense Distributed and the Second Amendment Foundation, Inc.’s Motion for Preliminary Injunction
• 2023-1-9: Polymer 80, Inc.'s Motion to Intervene
• 2023-1-5: Not an LLC d/b/a JSD Supply’s Motion to Intervene
• 2022-12-23: Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Brief in Support of Motion for Summary Judgment
• 2022-12-23: Defense Distributed and the Second Amendment Foundation, Inc.’s Complaint
• 2022-12-23: Plaintiffs’ Brief in Support of Their Motion for Summary Judgment
• 2022-12-19: Defendants’ Answer to Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Complaint for Declaratory and Injunctive Relief
• 2022-12-19: Order
• 2022-12-5: Plaintiffs’ Supplemental Brief Under Rule 65(a)(2) Consolidation: Defendants’ Rule Exceeds the Agencies’ Statutory Authority
• 2022-12-5: Defendants’ Supplemental Brief Regarding Rule 65(a)(2) Consolidation and Plaintiffs’ Count I
• 2022-11-23: Defendants’ Opposition to Defense Distributed & Second Amendment Foundation, Inc.’s Motion to Intervene
• 2022-11-14: Plaintiffs’ Notice Regarding the Completeness of the Administrative Record
• 2022-11-10: Defendants’ Answer to Plaintiffs’ Amended Petition
• 2022-11-4: Notice of Appeal
• 2022-11-3: Opinion & Order on Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Preliminary Injunction
• 2022-11-2: Defense Distributed and the Second Amendment Foundation, Inc.’s Motion to Intervene
• 2022-11-1: Notice of Appeal
• 2022-11-1: Notice of Appeal
• 2022-10-31: Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Reply in Support of Motion for Preliminary Injunction
• 2022-10-31: Order
• 2022-10-28: Defendants’ Brief in Opposition to Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Motion for Preliminary Injunction
• 2022-10-25: Order
• 2022-10-24: Order
• 2022-10-20: Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Motion for Preliminary Injunction
• 2022-10-20: Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Complaint
• 2022-10-18: Order Granting Motion to Intervene
• 2022-10-7: Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Reply in Support of Motion to Intervene
• 2022-10-7: Defendants’ Opposition to Blackhawk Manufacturing Group Inc. d/b/a/ 80 Percent Arms’ Motion to Intervene
• 2022-10-5: Amended Complaint
• 2022-10-3: Clarification of Opinion & Order on Scope of Preliminary Injunction
• 2022-10-3: Defendants’ Response to Plaintiffs’ Notice Regarding Contested Jurisdiction
• 2022-10-1: Opinion & Order on Scope of Preliminary Injunction
• 2022-10-1: Plaintiffs’ Notice Regarding Contested Jurisdiction
• 2022-9-26: Order Denying Motion for Clarification
• 2022-9-24: Defendants’ Reply in Support of Their Motion for Clarification of the Scope of the Court’s Preliminary Injunction With Respect to Tactical Machining’s Pending Classification Request
• 2022-9-23: Order
• 2022-9-23: Order
• 2022-9-23: Blackhawk Manufacturing Group Inc. d/b/a 80 Percent Arms’ Motion to Intervene
• 2022-9-22: Plaintiffs’ Opposition to Defendants’ Motion for Clarification
• 2022-9-16: Order
• 2022-9-16: Supplement to Defendants’ Motion for Clarification of the Scope of the Court’s Preliminary Injunction With Respect to Tactical Machining’s Pending Classification Request
• 2022-9-15: Defendants’ Response to Plaintiffs’ Request to Expand Scope of Preliminary Injunction
• 2022-9-15: Defendants’ Motion for Clarification of the Scope of the Court’s Preliminary Injunction With Respect to Tactical Machining’s Pending Classification Request
• 2022-9-10: Order Denying Motion to Transfer
• 2022-9-8: Plaintiffs’ Request to Expand Preliminary Injunction
• 2022-9-2: Opinion & Order on Preliminary Injunction
• 2022-8-31: Plaintiffs’ Reply in Support of Their Motion for Preliminary Injunction
• 2022-8-31: Plaintiffs’ Response to Order Dated August 29, 2022
• 2022-8-31: Defendants’ Brief Regarding Consolidation Under Federal Rule 65(a)(2)
• 2022-8-29: Defendants’ Brief in Opposition to Plaintiffs’ Motion for Preliminary Injunction
• 2022-8-29: Order
• 2022-8-26: Reply Brief in Support of Defendants’ Motion to Transfer Case Pursuant to the First-to-file Rule
• 2022-8-19: Order
• 2022-8-19: Plaintiffs’ Response in Opposition to Defendants’ Motion to Transfer Case, or in the Alternative, for an Extension of Time
• 2022-8-18: Order
• 2022-8-18: Plaintiffs’ Notice of Provision of Motion for Preliminary Injunction and Briefing Deadlines to Defendants
• 2022-8-18: Defendants’ Motion to Transfer Case Pursuant to the First-To-File Rule, or in the Alternative, for an Extension of Time
• 2022-8-17: Order Setting Deadlines
• 2022-8-17: Plaintiffs’ Motion for Preliminary Injunction
• 2022-8-11: Notice of Related Cases
• 2022-8-11: Complaint

News Releases:

• 2024-8-23: FPC Thanks Amicus Organizations in ATF Supreme Court Case
• 2024-8-13: FPC Supreme Court Brief Shows Why ATF’s “Frame or Receiver” Rule is Unlawful and Must Be Vacated
• 2024-4-22: Supreme Court Takes Up FPC, FPCAF Lawsuit Challenging ATF’s “Frame or Receiver” Rule
• 2024-3-7: FPC and FPCAF File Supreme Court Response Brief in Their Lawsuit Challenging ATF’s Unlawful “Frame or Receiver” Rule
• 2023-11-9: Fifth Circuit Vacates ATF’s Unlawful “Frame or Receiver” Rule
• 2023-8-24: FPC and FPCAF File Appellate Response Brief Defending Win in Lawsuit Challenging ATF’s “Frame or Receiver” Rule
• 2023-8-8: FPC and FPCAF Respond to Supreme Court Stay of Judgment Vacating ATF’s “Frame or Receiver” Rule
• 2023-8-2: FPC and FPCAF File Response to Government Attempt to Reinstate ATF’s “Frame or Receiver” Rule
• 2023-7-24: Fifth Circuit Denies Government Attempt to Reinstate ATF’s Redefinitions of “Frame or Receiver” and “Firearm”
• 2023-7-21: FPC and FPCAF Fight Back Against Government Attempt to Reinstate ATF’s “Frame or Receiver” Rule
• 2023-7-18: FPC and FPCAF Respond to Administrative Stay in Lawsuit Challenging ATF “Frame or Receiver” Rule
• 2023-6-30: Federal Judge Vacates ATF’s Unlawful “Frame or Receiver” Rule
• 2022-10-3: FPC Secures Expanded Preliminary Injunction in Lawsuit Challenging ATF "Frame or Receiver" Rule
• 2022-9-2: FPC Secures Partial Preliminary Injunction in Lawsuit Challenging ATF "Frame or Receiver" Rule
• 2022-8-11: FPC Files New Lawsuit Challenging ATF “Frame or Receiver” Rule