Firearms Policy Coalition 7/21/2023
FPC and FPCAF Fight Back Against Government Attempt to Reinstate ATF’s “Frame or Receiver” Rule
Yesterday, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) filed a brief opposing the federal government’s motion for a stay pending appeal in VanDerStok v. Garland, which asks the Fifth Circuit to allow ATF to enforce its “frame or receiver” rule while the lawsuit continues–despite the fact that a federal court already found the rule to be an illegal usurpation of ATF’s congressionally limited authority. The brief can be viewed at FPCLegal.org.
“The appropriate remedy for an agency rulemaking in excess of its authority is vacatur of the challenged rule and, after correctly assessing the degree of disruption that would be caused by a return to the pre-August 2022 status quo (and finding any disruption would be slight) the district court correctly ordered the rule be vacated,” argues the brief. “Because both of these decisions align with the statutory text and this Court’s precedents, and because the balance of harms favors Plaintiffs, this Court should deny the Government’s motion for a stay pending appeal.”
“Despite waiting weeks to take issue with the Court’s ruling striking down ATF’s ‘frame or receiver’ rule, ATF is now trying to convince the Fifth Circuit to put a hold on the district court’s decision,” said Cody J. Wisniewski, FPCAF’s Senior Attorney for Constitutional Litigation and FPC’s counsel in this case. “With this brief, we’re simply asking the Fifth Circuit to ensure that ATF is prevented from enforcing its illegal rule while we defend our existing win that struck it down.”
More:
https://www.firearmspolicy.org/fpc-and-fpcaf-fight-back-against-government-attempt-to-reinstate-atfs-frame-or-receiver-rule
