Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
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."