ATF Frame & Receiver Rule Vacated
BY Herschel Smith
1 year, 4 months ago
FPC.
FORT WORTH, TX (June 30, 2023) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced that a federal judge has granted summary judgment for the plaintiffs in VanDerStok v. Garland, vacating the ATF’s “frame or receiver” rule and preventing the federal government from enforcing it. The opinion can be viewed at FPCLegal.org.
“This case presents the question of whether the federal government may lawfully regulate partially manufactured firearm components, related firearm products, and other tools and materials in keeping with the Gun Control Act of 1968,” wrote Federal District Court Judge Reed O’Connor in his Order. “Because the Court concludes that the government cannot regulate those items without violating federal law, the Court holds that the government’s recently enacted Final Rule… is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the Court vacates the Final Rule.”
“We’re thrilled to see the Court agree that ATF’s Frame or Receiver Rule exceeds the agency’s congressionally limited authority,” said Cody J. Wisniewski, FPCAF’s Senior Attorney for Constitutional Litigation and FPC’s counsel in this case. “With this decision, the Court has properly struck down ATF’s Rule and ensured that it cannot enforce that which it never had the authority to publish in the first place.”
“This is a monumental victory against the tyrannical ATF. Firearms Policy Coalition and FPC Law have argued that this rogue agency has unlawfully attacked gun owners in this latest round of ‘rulemaking’ and we are grateful to see the Court agree,” said Richard Thomson, FPC’s Vice President of Communications. “We will not stop, however, with this latest victory. FPC and FPC Law will continue to bring these cases to put a stop to the immoral and unconstitutional actions of the disarmament regime.”
Winning is fun!
On July 1, 2023 at 8:01 am, Heywood said:
The problem is there are no consequences for the tyrants that enact this crap. We pay them to make up unconstitutional laws. We pay them to implement them. We pay them to defend them in court. And we pay the private lawyers to challenge them. Fines? Yep, we pay that too. This is a game to them. And it pi$$es me off!
But, you are correct sir. It sure beats all that above AND losing!
On July 1, 2023 at 8:20 am, Carlos the Jackal said:
Now do the ridiculous pistol brace crap.
On July 1, 2023 at 11:12 am, Chris said:
@heywood..
Exactly.
On July 2, 2023 at 4:14 am, Aesop said:
Don’t settle for puddle fights. Go bigger.
Do the NFA and GCA.
Bruen has consequences.
Make “Shall not be infringed” Great Again.
On July 2, 2023 at 4:51 pm, realwesterner said:
More Sotero-ian legal malfeasance by fedgov. At least this attack was thwarted and it appears there is still a few literate, constitutionally minded judges out there. Still waiting for the tyrannies of 1934 and 1968 to be overturned, but when they are it will not be for the benefit of “our” side-it will be to arm up blantifa, commies, anarchists and chinese nationals. A win is a win, but we all know communist coups are always messy, bloody, dangerous to anyone with a brain, and highly destructive.