Tuesday, July 18, 2023

FPC and FPCAF Address Administrative Pause in Lawsuit Against ATF's "Frame or Receiver" Rule


The Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) recently made a statement regarding the 7-day administrative stay issued by a federal judge on the summary judgement. This judgement was in favor of the plaintiffs in the case VanDerStok v. Garland, a case challenging the ATF's "frame or receiver" rule. Full details of the order can be found at FPCLegal.org.

"Given the urgency of the defendants' motion, they have requested the court to make a swift decision, ideally before 10:00 a.m. CDT on July 24, 2023," Federal District Court Judge Reed O’Connor wrote in his Order. After reviewing the motion, he denied the request for a stay pending appeal. However, he did hold the applicability of his Opinion and Final Judgment for 7 days to enable the defendants to pursue emergency appellate relief.

"We're certainly not pleased with the Court's decision to temporarily hold the applicability of its Opinion and Final Judgment, which rejects the ATF's Frame or Receiver Rule. But, we believe this is a short-term situation and the Court's Judgement will soon be reinstated," said Cody J. Wisniewski, FPCAF's lead attorney for Constitutional Litigation and FPC's legal representative in the case.

He further added, "We have already successfully challenged the ATF's unlawful and unconstitutional rule at the district court level. We're confident that we can replicate this victory at the Fifth Circuit."

This case involves two individuals, Tactical Machining, LLC, and FPC as plaintiffs. The plaintiffs are represented by FPCAF, in collaboration with the Mountain States Legal Foundation.

About Firearms Policy Coalition

The Firearms Policy Coalition is a nonprofit organization under section 501(c)4, striving to create a society where human liberty is maximized. Their mission is to defend constitutional rights, promote individual liberty, and restore freedom. The organization primarily focuses on the Right to Keep and Bear Arms, along with related issues such as freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team comprises next-generation advocates working towards the Organization’s strategic objectives via litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and various other programs.

FPC Law has the distinction of being the country’s premier public interest legal team devoted to the Right to Keep and Bear Arms. They are the frontrunners in the field of Second Amendment litigation and research.

FPC Action Foundation is a 501(c)(3) nonprofit organization. They aim to shape a world of maximum human freedom through charitable legal action, public policy, education, and research programs.

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