Partial Preliminary Injunction in Lawsuit Challenging ATF “Frame or Receiver” Rule

Unfinished UnSerialized 80% Frame AR15 blank Receiver
Unfinished UnSerialized 80% Frame AR15 blank Receiver

FORT WORTH, TX –-(AmmoLand.com)- This week, 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.”


Firearms Policy Coalition

Individuals who would like 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 to restore the 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

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gregs

another incremental step forward towards restoration of civil rights for American citizens.
along with the buren, wv v epa, and others we are slowly taking back our civil rights from a government, who has abdicated its authority to a despotic federal bureaucracy.
more needs to be challenged/litigated, qualified immunity, civil asset forfeiture among others.
thank you to those who stand against this tyrannical government and to those who support and defend them.

swmft

we need to get a ruling gca is un constitutional then watch the shit fly

hippybiker

Not only That but the NFA and the FFA!
Also, please refer to the GCA of 68 as what it really is. A modified version of the original German Weapons Control Act of 1938 that was forced onto the American people by the Traitorous Dog, Demon Rat Thomas J. Dodd for CN!

swmft

you know they threw that together after loosing in court about 1934 act violating 5th amendment

Greg K

A serial number, being necessary to the security of a free state, the right of the people to keep and bear arms, shall be seriously infringed.

Oops, I messed it up slightly.

Wild Bill

I don’t think that it was you that messed up. I think it was Congress and LBJ that messed things up.

USMC0351Grunt

WB do not forget to add We the People for their apathy and reluctance to defend their own freedom and liberties and take charging their own government and representatives.

Ope

USMC, there are many people who think their involvement in fighting for and defending our republic isn’t necessary. They seem convinced others will do it for them.

USMC0351Grunt

Exactly. When the time comes they will make for great amusement on our behalf while we take care of business.

swmft

same thing happened with the forming of the republic only about 3% stood up to fight

Wild Bill

Yes, that is so.

Alan in NH

May the other ATF rules go down the tubes as well. Bump Stocks, Pistol Braces SBR’s and what else?

USMC0351Grunt

I believe, “ET AL” is the ending that you are looking for.

swmft

machine guns, I for one would love to buy an all new parts m14 MADE IN USA Im sure it would cost 3-5 thousand….much less than the antique I have better metallurgy ( mine rings when fired auto) no fear of atf not allowing repairs

Green Mtn. Boy

“Court Declares “Frame and Receiver” Rules ILLEGAL” Does’t bode well for Little Joey the AFT,AG,however it does bode well “For We The People”.

Montana454Casull

Let’s Go Brandon will label all gun owners as domestic terrorists and demand we all turn in our homemade guns for the safety of the nation . Brandon appears to be taking a page from Adolph Hitlers playbook and arming the alphabet soup agencies against lawbiding American citizens. Stock piling guns and ammo for the IRS to attack it’s own citizens is a crime I believe . Civil war will fix what ales the country real soon .

nrringlee

What is fair is fair. The Progressive Movement in America shared its notes on eugenics, ethnic population control,. abortion, forced sterilization and medical experimentation on vilified minorities with the National Socialist movement in Germany. So now the New Left Progressives like Slow Joe and Beerak Obama are clipping their dividend coupons by borrowing back National Socialist policies like gun rights elimination. They are all birds of the same feather. They stand against liberty and justice for all.

swmft

they all want to be slave owners, baring outright ownership, lets make society so separated no middle class,only rich and dirt poor4 million illegals anyone?

DIYinSTL

Don’t rule out ownership. After all, “No amendment is absolute.” (said Resident Biden in a speech about a year ago.)

Jaque

While this and other legal actions against the US Government are tiny steps forward it does not provide sufficient penalties against the government to impose meaningful change. Those injured by the governments lawless actions have limited funds to use the courts to fight for their rights, while those organizations like FPC have significantly more, but not unlimited as does a government that prints money on demand. Cases drag out in the courts far too long as the government uses delaying actions to out spend its challangers. Often plaintiffs die before the courts rule in their favor. Fighting the government in… Read more »

swmft

would that be miller….if someone had showed and said short shotguns are what was used in trenches…how much different the field would be today

RepealNFA

Thank God that rule of law is not entirely dead, as the criminal deep state seeks an overthrow of our constitution. The illegal NFA/GCA is patently unconstitutional and all states need “sanctuary” laws to stop their local cops from being hijacked by what amounts to CIA employees tasked with stealing their firearms.

DIYinSTL

I still have not found any statistics showing where a serial number was the sole clue to identify the perpetrator of a violent act.