VanDerStok v. Garland - FPC Lawsuit Challenging the ATF's "Frame or Receiver" Rule

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

Donate & Support Pro-2A Lawsuits & Legal Action!

Key Events & Filings:

Supreme Court (Merits)

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

News Releases:

Do you like this page?