Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) responded to a federal judge granting a 7-day administrative stay on the summary judgment he issued for the plaintiffs in VanDerStok v. Garland, which challenges the ATF’s “frame or receiver” rule. The order can be viewed at FPCLegal.org.
“Defendants ask this Court to consider their motion on an expedited basis and issue a decision no later than 10:00 a.m. CDT on July 24, 2023,” wrote Federal District Court Judge Reed O’Connor in his Order. “Having considered the motion, the Court summarily DENIES the request for a stay pending appeal but STAYS the applicability of its Opinion and Final Judgment for 7 days in order that Defendants may seek emergency appellate relief.”
“While we’re disappointed that the Court has stayed the applicability of its Opinion and Final Judgment vacating ATF’s Frame or Receiver Rule, we’re confident that this will be temporary and that the Court’s Judgment will be reinstated,” said Cody J. Wisniewski, FPCAF’s Senior Attorney for Constitutional Litigation and FPC’s counsel in this case.
“We have already defeated the ATF’s unlawful and unconstitutional rule at the district court, and we’ll do the same at the Fifth Circuit.”
Plaintiffs in this case are two individuals, Tactical Machining, LLC, and FPC. FPCAF represents the Plaintiffs, alongside Mountain States Legal Foundation.
Firearms Policy Coalition
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.