Got ghost gun? The Firearms Policy Coalition scored a major victory at the district court level on Friday, June 30th. A federal judge granted a summary judgement for the plaintiffs in VanDerStok v. Garland. The ruling prevented the government from enforcing the ATF’s rulemaking on “frames and receivers” and blocked the government from enforcing it.
How sweet?!
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.”
Plaintiffs in this case are two individuals, Tactical Machining, LLC, and FPC. FPCAF represents the Plaintiffs, alongside Mountain States Legal Foundation.
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.
And yet, we still have the same tyrannical rule on so called ghost guns right here in Illinois, where our regime passed some bullshit about having to mark even new in box uncompleted 85% kits, and then to this date has provided no guidance to FFLs on how to do such a thing. On top of that, PICA makes the possession of any such gun constructed of a kit, otherwise legal or not, a felony in direct conflict with the earlier law.
I had to turn my kits over to an FFL for safekeeping to prevent being in possession of them at all, since there is now no legal way to own even the parts to manufacture a receiver under our conflicting laws in Illinois. I had intended to build a few rifles in different calibers for fun after I retired, but Illinois fucked that up for me as well for the grievous sin of possessing a formerly legal product and daring to exercise a constitutional right as a law-abiding citizen.
Pardon me if I don’t see this as a great victory, since it means jack shit here behind the lines in the People’s Republic of Illinois. In case no one has noticed, Biden and Pritzker couldn’t give a shit less what courts say about anything. They simply ignore the rulings, and govern by executive edict. If you think this ruling means anything at all, you are being willfully blind.
Good news. Great picture! I lmao.
If you think this is a good a good decision wait until Loper Bright Industries vs Raimondo in the fall session of USSC. Goodbye Chevron Deference goodbye to executive law making ! Hey LiberalsR I understand your frustration. After hearing the oral arguments before the 7th Circuit Appeals on the 29th the State of Illinois AND the gun control movement nationally is done. The state’s arguments are the same old ridiculous. More importantly Easterbook and Woods are arrogant sour (both think they belong on the USSC) yahoo’s who are going to write an opinion showing how much smarter they are than the USSC. The opinion will try to resurrect interest balancing, dead law since June of 2022. I would guess this will be a summary judgement much like Heller. It sucks we have to wait until next June however the nationwide payoff is worth the wait. In his arrogance Easterbrook has KILLED gun control. He who laughs last laughs best. The time for honoring themselves will soon be at an end.
I welcome the good news. One thing at a time.
If the government could prohibit the tools for one to make their own firearm, they could prohibit the tools to make a printing press. Both are unconstitutional. I fail to see how governor fatass can stand on any constutuional ground.