Federal Judge Vacates ATF’s Unlawful “Frame or Receiver” Rule

[Brian's Surplus]

FPC AND FPCAF WIN: Federal Judge Vacates ATF’s Unlawful “Frame or Receiver” Rule

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.

www.firearmspolicy.org

 

[manifest destiny]

Just a quick looksee at the frame/rec'er rule from article dated 8/22.

ATF's New "Frame or Receiver" Rule: What You Should Know - Small Arms Review

By Johanna Reeves, Reeves & Dola, LLP

smallarmsreview.com

 

[JAL]

FPC AND FPCAF WIN: Federal Judge Vacates ATF’s Unlawful “Frame or Receiver” Rule

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.

www.firearmspolicy.org

I just read about this . . . and what did I find here but an announcement of it. Another nail in the coffin of the Biden, Garland and Dettelbach Gang's attempt to destroy the 2nd Amendment. Now we get to see if BATFE appeals to 5th Circuit.

This hasn't been a good week for Biden, WOKE, & Co. with three major SCOTUS decisions plus this one.

 

[GodFearinGunTotin]

Good.

 

[cbhausen]

Good!

 

[Kirk Freeman]

Before the entire Earth will shake in Looper Bright in 2024, there will be tremors.

This is a significant tremor.

Paulus von Dettlebach is now encircled and will beg Berlin to withdraw. He will get an answer but it will be NO.

ATFE is overextended. Now is the time to pour it on in the courts and politically. It's no longer about stopping them, it is about destroying them. Na Zapat.

 

[tcecil88]

I just read about this . . . and what did I find here but an announcement of it. Another nail in the coffin of the Biden, Garland and Dettelbach Gang's attempt to destroy the 2nd Amendment. Now we get to see if BATFE appeals to 5th Circuit.

This hasn't been a good week for Biden, WOKE, & Co. with three major SCOTUS decisions plus this one.

I don't imagine the 5th Circuit will be their friend on this. I would almost be surprised if they appealed it. But, seeing as how they can use our own tax dollars against us to appeal it, I guess it wouldn't really surprise me.

 

[Kirk Freeman]

I don't imagine the 5th Circuit will be their friend on this. I would almost be surprised if they appealed it. But, seeing as how they can use our own tax dollars against us to appeal it, I guess it wouldn't really surprise me.

They should not but Berlin, er, Washinton D.C. will order them to do so. Stay and hold, you shall be reinforced from the air. Goering pledged it.

 

[Kirk Freeman]

 

[JAL]

Paulus von Dettlebach is now encircled and will beg Berlin to withdraw. He will get an answer but it will be NO.

ATFE is overextended. Now is the time to pour it on in the courts and politically. It's no longer about stopping them, it is about destroying them. Na Zapat.

He will be rudely reminded that no agency director has ever surrendered.
(I wonder how many understand the "Paulus" reference.)

 

[KellyinAvon]

He will be rudely reminded that no agency director has ever surrendered.
(I wonder how many understand the "Paulus" reference.)

I got it

 

[Kirk Freeman]

He will be rudely reminded that no agency director has ever surrendered.
(I wonder how many understand the "Paulus" reference.)

ATFE Director at his office (soon awaiting transfer)

 

[Kirk Freeman]

Na Zapat=To the West.

Something ATFE will hear a lot after the destruction of Stalingrad cauldron. Na Zapat.

 

[Alamo]

US: Vanderstok v Garland

My understanding of this case is superficial and quite possibly wrog but as I have grokked it: The ATF Came up with a rule that basically treated unfinished gun kits like firearms, I guess with felony consequences. A couple guys (Vanderstok, Andren) in Texas plus a company that manufactures...

www.indianagunowners.com

 

[Alamo]

Dienst ist dienst. Von Dettlebach counterattacks appeals.

VanDerStok v. Garland, 4:22-cv-00691 - CourtListener.com

Docket for VanDerStok v. Garland, 4:22-cv-00691 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

 

[Alamo]

I find Armed Scolar’s video titles to be click-baitish and annoying, but so far only commentary I’ve found on the appeal of the Final Judgment:

 

[Mgderf]

Dienst ist dienst. Von Dettlebach appeals.

VanDerStok v. Garland, 4:22-cv-00691 - CourtListener.com

Docket for VanDerStok v. Garland, 4:22-cv-00691 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

Can we get a Readers Digest version?
Cliff Notes maybe?
What does it all mean?

 

[Alamo]

Can we get a Readers Digest version?
Cliff Notes maybe?
What does it all mean?

Usually I stall until JAL puts up something that makes sense, but here’s my summary:

On 05 JUL Federal judge in Texas issued Final Judgment in favor of plaintiff’s motion for summary judgment striking down the ATF rule on 80% frame/receivers. Thus legally things are as they were prior to August 2022 when ATF published final rule on 80% kits.

On 13 JUL BATFE notified district court that they are appealing his Final Judgment to 5th Circuit, where hopefully it will be fed into the same shredder as their pending (now moot?) interlocutory appeal on the preliminary injunction that they filed earlier.

If that doesn’t make sense, you’ll have to wait on JAL.

 

[HHollow]

ok, so if the AFT can not regulate unfinished receivers then why stop at 80%? The same boobs at AFT decided that a 90% receiver is a receiver when it clearly can not (yet) function as one.

 

[JAL]

Usually I stall until JAL puts up something that makes sense, but here’s my summary:

On 05 JUL Federal judge in Texas issued Final Judgment in favor of plaintiff’s motion for summary judgment striking down the ATF rule on 80% frame/receivers. Thus legally things are as they were prior to August 2022 when ATF published final rule on 80% kits.

On 13 JUL BATFE notified district court that they are appealing his Final Judgment to 5th Circuit, where hopefully it will be fed into the same shredder as their pending (now moot?) interlocutory appeal on the preliminary injunction that they filed earlier.

If that doesn’t make sense, you’ll have to wait on JAL.

Good enough for me.

Vacatur vs. Remand:
Note that the District Court "vacated" the Rule, a less common decision instead of "remanding" it back to BATFE. That means it's dead, completely dead, utterly dead, slipping its mortal coil and joining the Choir Invisible, just like Monty Python's Polly Parrot, with no Lazarus Act possible to resurrect it. An important distinction and harsher than the more common "remand" which allows the agency to modify or amend the rule challenged to "fix" the deficiencies found by the court. The District Court stated in so many words that the BATFE Rule is irredeemably irreparable.

"Paulus von" Dettlebach is hoping to begin breaking out of his encirclement in a counterattack using a motion to the 5th Circuit to issue a "stay" on the District Court's vacatur decision, which would put the District Court's Decision into abeyance until the 5th Circuit hears and rules on BATFE's appeal. The 5th Circuit isn't the 9th Circuit. Depending some on which 3 judges are drawn at random for the "merits panel" to hear the appeal, I would bet big on the 5th Circuit denying any motion by BATFE to stay the lower court's decision. If that, by some inexplicable reason were to occur, I'd expect an interlocutory appeal to the entire 5th Circuit en banc to reconsider the stay. There's too much argument for the financial damage such a stay would cause to plaintiffs if shut down again. Conversely, there's plenty of argument that allowing them to continue while the BATFE Rule is being litigated (status quo prior to the BATFE Rule) after having been in business for many years, wouldn't make much difference in public health and safety, contrary to propaganda from BATFE, Everytown, Giffords, David Hogg, etc. (figures don't lie, but these liars have been figuring).

---

Nevertheless, if anyone has a hankering to do a Personally Made Firearm project from an 80%, now is the time to order the frame/lower plus tools/jigs required for it from the businesses put back into business by the District Court. Not as simple or as cheap as Joseph Stalin Biden, his BATFE minions, and the above named anti-gun buffoons would have you believe. By the time you're done, it would be less expensive to buy the comparable firearm from Rural King or Palmetto State Armory. Came to that conclusion pricing out a DIY from curiosity a few years ago. Repriced it after the Rule was vacated. Hasn't changed much.