Lawsuit Filed Challenging ATF’s 80% Firearm “Frame or Receiver” Rule

Lawsuit Court Guns Law Judgment Injunction
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FORT WORTH, TX –-(AmmoLand.com)- Firearms Policy Coalition (FPC) has filed a new lawsuit challenging the ATF’s rule that would create new terms and enact a slew of regulations for the agency to enforce, including ones that would treat non-frames and non-receivers as if they were actual frames and receivers of weapons. The complaint in VanDerStok v. Garland can be viewed at FPCLegal.org.

“The Final Rule defies the plain language of the [Gun Control Act] and longstanding agency interpretation suggesting that the items at issue here, sometimes colloquially referred to as receiver blanks, unfinished frames or receivers, or 80% frames or receivers, are not firearms,” says the complaint. “Through this rulemaking, however, the Agencies are attempting to create a broad, sweeping definition by including items that are not yet the ‘frames or receivers’ of such weapons and by including ‘frame or receiver kits.’”

“Neither the president nor any federal agency has the power to make law,” said FPC’s Senior Attorney for Constitutional Litigation Cody J. Wisniewski. “The Constitution is clear–Congress has the power to make law, and the Executive Branch is limited to enforcing that law.”0

But here, President Biden openly admitted that he would circumvent Congress and have the DOJ and ATF issue new regulations that go well beyond congressionally-established law and seek to greatly expand the ATF’s reach.”

“FPC will not stand idly by while the federal government tramples the rights of peaceable individuals through agency rulemaking.”

VanDerStok v Garland Complaint


About Firearms Policy Coalition

Individuals who want to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs 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.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutionally protected rights, advance individual liberty, and restore freedom. FPC’s efforts focus on the Right to Keep and Bear Arms and adjacent issues, including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

Firearms Policy Coalition

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john

The Biden administration continues to to act on its own violating the US constitution, Our DOJ has shown that the law now means the law according to them not the laws passed by the supreme court. I understand treason and what it would take to remove Joe Biden and the whole Biden administration for the willful acts used against us the American people who did not not vote for democrats. You will never change my mind that the 2020 election was on the up and up or the NJ governor was elected again fairly. He continues the reign of terror… Read more »

Last edited 1 month ago by john
Wild Bill

Impeachment, but that would require control of the House of Reps and control of the Senate.

john

It is not possible at this time he election is going to be interesting for this country.

Wild Bill

Yes, I realize that. Interesting and down right pivotal.

LLP

Chinese curse; May You live in interesting times.

snowmaker

he won’t be running. they will dump his *ss the day ms. Oharris can take over and still run for two more Oterms. remember the last election trickery, they will do it again and the moron seals will applaud themselves.

snowmaker

yeah, the stout and defiant repuklincans will stand up for… who? other than themselves and their place at the trough…. i wouldn’t bet on it.

Montana454Casull

Criminals are in charge of every branch of our government , DC needs cleaned out completely. They are pushing the country to the brink of civil war . This shit is going to blow up in thier face real soon I have the feeling .

Fyathyrio

Like it or not, remember to thank Trump for this. The recent ATF attacks on pistol braces and 80% is just following the path he created when he directed the ATF to find a way to make bumpstocks illegal. He also failed to give us a director of the ATF that would help firearms owners & FFLs instead of constantly seeking ways to make more criminals.

Longeno

Sad but true.

nrringlee

Progressive New Left thinking in a nutshell: “It depends upon what the definition of ‘is’ is.” Willy Jeff Clinton.

Magical thinking equals nebulous public policy. Nebulous public policy and fluid law equals tyranny in lieu of justice. Tyranny in lieu of justice equals totalitarianism.

This is where the Progressive New Left globalist masters of the once-Democratic Party are taking this country.

swmft

people are going to have to stand up to the woke bs they arrest someone for defense remove the woke persecutor however necessary

ashort

I have said this over and over with no dignified response from anybody. where is “WE THE PEOPLE” this country is going to shit in a hand basket, but yet I still see no signs of “WE THE PEOPLE”. we all need to unit and remove this tyrannical government regime running the United states into the ground. they have done nothing but go against the very foundation of what this country was founded on. besides the fact of ignoring the Supreme Court and the U.S. Constitution. doing whatever they want regardless of what the Constitution says. infringing on our rights… Read more »

swmft

we are going to have to change military structure , so everyone serves and no more using government to threaten

Bill

By a vote of 6 to 3, the Supreme Court said that any time an agency does something big and new ie: addressing climate change – the regulation is presumptively invalid! This is changing law(s) written by congress! This decision extrapolated will cut the floor out from under the BATF’s new “Regulations”! Bureaucrats can not change laws written by congress! This is gonna come to a head real fast after 24 August. I anticipate a bunch of lawsuits regarding federal bureaucratic overreach!

gregs

congress abdicating its authority to an unelected bureaucracy is the greatest problem our country has faced and if facing. they do this so they won’t have to take the blame when bad sh!t happens and then they can promise to fix it so they can keep on campaigning for next election cycle. hence, there should be term-limits for everyone in government. no one was meant spend their whole life working in a government job, sucking off the taxpayers. if congress did its job correctly and governed like they are charged to do, there would be less stupid laws to be… Read more »

swmft

part of their work is to review old laws and repeal them as needed this is almost never done

swmft

a gentleman in Oklahoma city voted against this bad behavior , in a big way you might remember it ….boooom

The other Jim

Wherever you live, if you vote in the primary don’t forget the 14 RINO Traitors in favor of Biden’s Anti-Second Amendment Red-Flag Law: The bill’s co-sponsor, Sen. John Cornyn of Texas Minority Leader Mitch McConnell of Kentucky Sen. Roy Blunt of Missouri Sen. Richard Burr of North Carolina Sen. Shelley Capito of West Virginia Sen. Bill Cassidy of Louisiana Sen. Susan Collins of Maine Sen. Joni Ernst of Iowa Sen. Lindsey Graham of South Carolina Sen. Lisa Murkowski of Alaska Sen. Rob Portman of Ohio Sen. Mitt Romney of Utah Sen. Thom Tillis of North Carolina Sen. Todd Young of… Read more »

Wild Bill

The ATF was created by a memo and that memo can be revoked at any time. Now, I find that the FBI was also created by an AGUS memo, which can also be revoked at any time. the FBI would get its start. /@@images/image/high It all started with a short memo, dated July 26, 1908, and signed by Charles J. Bonaparte, Attorney General, describing a “regular force of special agents” available to investigate certain cases of the Department of Justice. This memo is celebrated as the official birth of the Federal Bureau of Investigation—known throughout the world today as the… Read more »

3%er

Was this Charles J Bonaparte related to Napoleon by any chance?