FPC Secures Expanded Preliminary Injunction in Lawsuit Challenging ATF “Frame or Receiver” Rule

Gun News

FORT WORTH, TX (October 3, 2022) – Today, Firearms Policy Coalition (FPC) announced that a federal judge has expanded the preliminary injunction in VanDerStok v. Garland, its lawsuit challenging the ATF’s “frame or receiver” rule. In addition to the injunction issued in September, the expanded injunction adds protection for the individual plaintiffs and plaintiff Tactical Machining’s customers. The opinion can be viewed at FPCLegal.org.

“Having carefully considered the arguments, the evidence, and the law, the Court finds that Individual Plaintiffs… and Tactical Machining, LLC have demonstrated that each is subject to a substantial threat of irreparable harm,” wrote Federal District Court Judge Reed O’Connor in his Order. “Individual Plaintiffs and Tactical Machining are therefore entitled to expanded preliminary injunctive relief. Enjoining Defendants from implementing or enforcing the Final Rule against these Plaintiffs should alleviate their demonstrable injuries without burdening Defendants unnecessarily.”

“We’re pleased to report another important victory in this case,” said Cody J. Wisniewski, FPC’s Senior Attorney for Constitutional Litigation. “Not only has the Court found that the ATF’s attempt to redefine ‘firearm’ and ‘frame or receiver’ is likely unlawful, but the Court has found that our clients deserve protection from its implementation. As a result, both Tactical Machining and its customers are now protected from enforcement of the rule’s redefinition of ‘firearm.’” 

In a prior order, the Court ordered “that Defendants compile and produce the complete Administrative Record no later than October 24, 2022.” FPC expects that the case will proceed to the merits and dispositive motions this fall.

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Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutionally protected rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. 

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

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