Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) filed a brief opposing the federal government’s motion for a stay pending appeal in VanDerStok v. Garland, which asks the Fifth Circuit to allow ATF to enforce its “frame or receiver” rule while the lawsuit continues–despite the fact that a federal court already found the rule to be an illegal usurpation of ATF’s congressionally limited authority. The brief can be viewed at FPCLegal.org.
“The appropriate remedy for an agency rulemaking in excess of its authority is vacatur of the challenged rule and, after correctly assessing the degree of disruption that would be caused by a return to the pre-August 2022 status quo (and finding any disruption would be slight) the district court correctly ordered the rule be vacated,” argues the brief. “Because both of these decisions align with the statutory text and this Court’s precedents, and because the balance of harms favors Plaintiffs, this Court should deny the Government’s motion for a stay pending appeal.”
“Despite waiting weeks to take issue with the Court’s ruling striking down ATF’s ‘frame or receiver’ rule, ATF is now trying to convince the Fifth Circuit to put a hold on the district court’s decision,” said Cody J. Wisniewski, FPCAF’s Senior Attorney for Constitutional Litigation and FPC’s counsel in this case. “With this brief, we’re simply asking the Fifth Circuit to ensure that ATF is prevented from enforcing its illegal rule while we defend our existing win that struck it down.”
Plaintiffs in this case are two individuals, Tactical Machining, LLC, and FPC. FPCAF represents the Plaintiffs, alongside Mountain States Legal Foundation.
Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these 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.