The Fifth Circuit Court of Appeals issued a landmark decision in VanDerStok v. Garland, overturning the ATF’s “frame or receiver” rule and marking another significant victory for 80 Percent Arms.
The court criticized the ATF for overstepping its regulatory authority, effectively accusing it of rewriting the law without proper legal basis. The court creatively used the “cakes that look like food” internet trend as an analogy to illustrate its point on gun regulation by drawing a parallel between a cake that looks like a hamburger, or like a gun, is not a hamburger or a gun. This comparison highlighted the ATF’s flawed approach, where regulations were applied not just to genuine frames and receivers, but also to items that merely resembled them.
Judge Oldham wrote an opinion supplementing the majority’s findings in order to explore additional problems with the Final Rule, where he says “The Final Rule is limitless… The GCA allows none of this.” Judge Kurt Engelhardt, also supporting the majority opinion stated, “The agency rule at issue here flouts clear statutory text and exceeds the legislatively imposed limits on agency authority in the name of public policy.” He further clarified that the expansion of firearm regulation and the criminalization of actions that were previously legal are not sanctioned by Congress, rendering the proposed rule an unlawful agency action that goes against legislative intent.
The court firmly concludes that until Congress modifies the Gun Control Act, the ATF must adhere to the existing statutory limits. The Final Rule, according to the court, crosses those boundaries, resulting in the ATF essentially rewriting the law, a move that is not permissible, particularly when it leads to the broad imposition of criminal liability without legislative input.
However, it’s important to note that despite the court’s ruling, the “frame or receiver” rule remains active due to a stay by the Supreme Court from August 8th.
The Supreme Court’s intervention means that the Final Rule will remain in effect until the legal proceedings are concluded. In all likelihood, the ATF will appeal again to the Supreme Court, where the court can either refuse to hear the case or agree to review it. If the Supreme Court agrees to review the case, it will involve a thorough examination of the legal and factual aspects as presented in the lower court’s records and additional briefings submitted to the Supreme Court. After reviewing the case, the Supreme Court would issue a binding final judgment.
Despite this victory, at 80 Percent Arms, we recognize the ongoing challenges ahead, particularly with the Supreme Court’s stay keeping the ‘frame or receiver’ rule active during the litigation. We remain undeterred, committed to continuing our fight against government overreach, and ready to confront the ATF’s likely appeal to the Supreme Court. Our team is prepared to put forward a vigorous legal battle, should the Supreme Court choose to review the case. Our steadfast commitment and determination to uphold the rights and interests of our community and industry remains resolute.
Fifth Circuit Panel Hands B… by AmmoLand Shooting Sports News
About 80% Arms
Established in 2013, 80% Arms is proud to be the leading 80% manufacturer in the nation, producing the most reliable and effective components for the DIY builder. We’re honored to have enabled tens of thousands of Americans to exercise their 2nd Amendment rights while supporting and fighting alongside grassroots 2A advocacy groups.
I have a novel idea! Let’s just make murder illegal and not worry about “things” that people use to murder. Since there are more deaths caused by strikes with hands and feet, we need to simply outlaw murder. Now if that would happen, of course no one would murder because a law says it’s not supposed to be done! So MURDER will stop instantly once the law is passed! SEE…isn’t it simple? Forget things like frames and receivers because they are hardly ever used as a weapon to harm anyone. Well, I stand corrected. I just did a search and… Read more »
“Shall not be infringed” isn’t really a term taken seriously by the justice system nor the majority of congress. Conditional infringement is the future. Unless of course we don’t tolerate it. Sure we are lucky on the outcome of this case. Will we be next time? What will 80% Arms do when the FBI calls for the records of customers? Ethically they should destroy them now. They won’t. What are you going to do when the BATFE and the FBI are knocking on your door about your jig and lowers?
What’s infuriating is that the court is measuring what an illegal rogue agency can get away with according to a completely illegal and unconstitutional abortion of legislation which is the GCA. Neither things have a right to exist.
The Second Amendment of the US Constitution says we have a Right to firearms which shall not be infringed. Where in the US Constitution does it say the ATF or the FBI even have a Right to exist? Yeah, thought so.
AK-47 Frames have been made from Flat Shovels, Shotguns from Steel Water Pipe, and IED’s from discarded 20 pound Propane cylinders. So we are all guilty if we live in a home and have a Propane BBQ, or shop in Home Depot.
LOL. I want a cake that looks like the parts to make an AR15 into a fully auto gun like the “Weapons of War” they claim we have on our streets today. Take a picture, send it to the ATF and say happy July 4th, 1776, we have illegal parts here, come and get em. LOL A cake that looks like a burger or a gun. Might as well be a Poptart. Gotta laugh at the insanity of the left. It looks like now the rooster is coming to roost and he is pointing out rules that were disobeyed and… Read more »