Monday, July 24, 2023

Victory for FPC and FPCAF: Fifth Circuit Rejects Government's Effort to Reinstate ATF's Revised Definitions of "Frame or Receiver" and "Firearm"


The Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) have publicized that the federal government's bid for an absolute stay on the district court's verdict in VanDerStok v. Garland has been rejected by the Fifth Circuit Court of Appeals. This judgment, which the Fifth Circuit postponed for 10 days, bars the ATF from imposing the "frame or receiver" regulation, which was deemed illegal. As a result, the ATF cannot enforce the rule's definitions of "frame or receiver" and "firearm" as outlined in the Gun Control Act of 1968. However, the remaining sections of the rule, which were not contested, can still be applied while the ATF appeals the district court's order. The order of the Fifth Circuit can be accessed on

The court mentioned in its order that, "the ATF has failed to show a compelling likelihood of winning on its merits or proving irrevocable damage if the stay is not implemented, hence, we reject the government's appeal for a stay on the invalidation of the two disputed sections of the regulation". This effectively reinstates the status quo that had been in place from 1968 to 2022, until an appeal is decided upon.

Cody J. Wisniewski, FPCAF’s Senior Attorney of Constitutional Litigation and FPC’s representative in this matter, expressed his satisfaction over the Fifth Circuit's rejection of the ATF's unconvincing arguments. He stated that the ATF had been unsuccessful at the district court and now had suffered a setback at the Fifth Circuit, and he looked forward to maintaining this winning streak against the ATF's improper and unconstitutional firearms control regime.

The plaintiffs in this lawsuit are two private individuals, Tactical Machining, LLC, and FPC. The plaintiffs are represented by FPCAF, in collaboration with the Mountain States Legal Foundation.

Those who wish to support important rights-focused lawsuits and initiatives, such as these, can become part of the FPC Grassroots Army at Individuals and groups who wish to contribute to charitable efforts to restore Second Amendment and other basic rights can make a tax-deductible donation to the FPC Action Foundation. More information on FPC's lawsuits and other initiatives promoting Second Amendment rights can be found at

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