Saturday, July 22, 2023

FPC Resists Government Effort to Reinstate ATF's "Frame or Receiver" Rule


The Firearms Policy Coalition (FPC) and the FPC Action Foundation (FPCAF) have presented a brief to contest the federal government's request for a stay pending appeal in VanDerStok v. Garland. The request seeks to allow the ATF to enforce its "frame or receiver" rule while litigation is ongoing, despite a federal court previously determining the rule to be an unlawful overreach of the ATF's authority, which is limited by Congress. The brief can be examined at

The brief argues, "The fitting redress for an agency exceeding its regulatory powers is to void the disputed rule. After accurately evaluating the potential disruption brought by reverting to the pre-August 2022 state of affairs (and concluding any disruption would be minimal), the district court rightly ordered the rule be voided." It goes on to add, "Because these decisions align with the statutory text and precedents of this Court, and because the balance of harms leans in favor of the Plaintiffs, this Court should reject the Government’s request for a stay pending appeal."

Senior Attorney for Constitutional Litigation for the FPCAF and FPC’s legal counsel in this case, Cody J. Wisniewski, remarked, "After delaying their response to the Court’s verdict overturning the ATF’s 'frame or receiver' rule, the ATF is now attempting to persuade the Fifth Circuit to suspend the district court’s decision. With this brief, our aim is to encourage the Fifth Circuit to ensure that the ATF cannot enforce its unlawful rule as we work to uphold our prior victory that invalidated it."

The plaintiffs in this case include two individuals, Tactical Machining, LLC, and the FPC, with representation provided by the FPCAF and the Mountain States Legal Foundation.

Those interested in joining the FPC Grassroots Army to support significant pro-rights lawsuits and programs such as these can register at Individuals and organizations wishing to support charitable efforts to restore the Second Amendment and other inherent rights can also make a tax-deductible donation to the FPC Action Foundation. For more information about FPC’s lawsuits and other pro-Second Amendment initiatives, visit and follow FPC on Instagram, Twitter, Facebook, YouTube.

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