FPC and FPCAF File Appellate Response Brief Defending Win in Lawsuit Challenging ATF’s “Frame or Receiver” Rule

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NEW ORLEANS, LA (August 24, 2023) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of their response brief with the Fifth Circuit Court of Appeals in VanDerStok v. Garland, defending their win at the district court in their lawsuit challenging the ATF’s “Frame or Receiver” Rule. The brief can be viewed at FPCLaw.org.

“The district court correctly held that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (‘ATF’) exceeded its authority by seeking to extend the definition of ‘firearm’ and ‘frame or receiver’ in federal law beyond what Congress has permitted,” argues the brief. “The district court also correctly held that vacatur was the proper remedy when a federal agency has been found to exceed its statutory authority. This Court, which has already found that Plaintiffs are likely to succeed on the merits in showing the challenged rule is unlawful, should affirm the district court’s decision.”

“ATF violated federal law and exceeded its congressionally limited authority when it promulgated the ‘Frame or Receiver’ Rule that purports to grant it near-unlimited authority to regulate items that are not firearms as if they were,” said Cody J. Wisniewski, FPCAF’s General Counsel and Vice President of Legal, and FPC’s counsel in this case. “Through this rule, ATF effectively amended and expanded federal law, something the agency has no power to do. We look forward to the Fifth Circuit reaffirming our win and striking down ATF’s rule.”

Plaintiffs in this case are two individuals, Tactical Machining, LLC, and FPC. FPCAF represents the Plaintiffs, alongside Mountain States Legal Foundation.

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Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these 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 constitutional 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.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.

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