FPC Firearms Policy Coalition 6/30/2023
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.”
More:
https://www.firearmspolicy.org/fpc_and_fpcaf_win_federal_judge_vacates_atf_s_unlawful_frame_or_receiver_rule
https://www.justice.gov/opa/pr/frame-and-receiver-rule-goes-effect
New Rule Modernizes Firearm Definitions and Addresses ‘Ghost Gun’ Proliferation
Today, the Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) “Frame or Receiver” Final Rule goes into effect. The new rule modernizes the definition of a firearm and makes clear that parts kits that are readily convertible to functional weapons, or functional “frames” or “receivers” of weapons, are subject to the same regulations as traditional firearms. This rule will help curb the proliferation of “ghost guns,” which are often assembled from kits, do not contain serial numbers, and are sold without background checks, making them difficult to trace and easy to acquire by criminals.
“Last year, the Justice Department committed to modernizing our regulations to address the proliferation of ‘ghost guns’ that law enforcement officers across the country have increasingly recovered from crime scenes,” said Attorney General Merrick B. Garland. “These guns have often been sold as build-your-own kits that contain all or almost all of the parts needed to quickly build an unmarked gun. And anyone could sell or buy these guns without a background check.
“That changes today. This rule will make it harder for criminals and other prohibited persons to obtain untraceable guns. It will help to ensure that law enforcement officers can retrieve the information they need to solve crimes. And it will help reduce the number of untraceable firearms flooding our communities. I am grateful to the professionals across the Department who worked tirelessly to get this important rule finalized and implemented, and who did so in a way that respects the rights of law-abiding Americans.
The final rule, as submitted to the Federal Register, can be viewed here: https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver.
Updated August 24, 2022
