Fifth Circuit Victory in Vanderstok Frame, Receiver Case
In August 2022 Jennifer VanDerStok and Tactical Machining, LLC brought a case against the Bureau of Alcohol Tobacco and Firearms (ATF) arguing that the ATF illegally expanded the statutory definition of the terms "firearm" and "receiver." The lawsuit was initiated challenging the 2021 ATF)regulatory revisions of the Gun Control Act definitions of firearm, firearm frame, and receiver.
On June 30, 2023, federal district court judge Reed O'Connor granted a motion for summary judgment against the ATF, vacating the receiver rule nationwide on the grounds that the agency had exceeded its statutory authority. The ATF appealed O'Connor's orders to the Fifth Circuit Court of Appeals.
In a July 2023 ruling, the Fifth Circuit panel said, "Because the ATF has not demonstrated a strong likelihood of success on the merits, nor irreparable harm in the absence of a stay, we DENY the government’s request to stay the vacatur of the two challenged portions of the Rule.“ [V]acatur ...reestablish[es] the status quo ante”…which is the world before the Rule became effective. This effectively maintains, pending appeal, the status quo that existed for 54 years from 1968 to 2022.
The case has been appealed to the Supreme Court of the United States (SCOTUS). The Second Amendment Foundation filed its opposition brief with the U.S. Supreme Court, opposing a stay in its case challenging the government’s attempt to classify unfinished firearm frames and receivers as “firearms.”
Read Judge O'Connor's Summary Judgment
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