Shuttershock
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
FPCLegal.org.
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
JoinFPC.org. 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 FPCLegal.org.
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