FPC Secures Expanded Preliminary Injunction in Suit Challenging ATF’s ‘Frame or Receiver’ Rule

FORT WORTH, TX (October r, 2022) – Yesterday, 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. Read more