VanDerStok v. Garland - FPC

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  • pcfixer

    Active Member
    May 24, 2009

    N.D. TX case no. 4:22-cv-00691

    FORT WORTH, TX (August 11, 2022) – Today, Firearms Policy Coalition (FPC) filed a new lawsuit challenging the ATF’s rule that would create new terms and enact a slew of regulations for the agency to enforce, including ones that would treat non-frames and non-receivers as if they were actual frames and receivers of weapons. The complaint in VanDerStok v. Garland can be viewed at

    “The Final Rule defies the plain language of the [Gun Control Act] and longstanding agency interpretation suggesting that the items at issue here, sometimes colloquially referred to as receiver blanks, unfinished frames or receivers, or 80% frames or receivers, are not firearms,” says the complaint. “Through this rulemaking, however, the Agencies are attempting to create a broad, sweeping definition by including items that are not yet the ‘frames or receivers’ of such weapons and by including ‘frame or receiver kits.’”

    “Neither the president nor any federal agency has the power to make law,” said FPC’s Senior Attorney for Constitutional Litigation Cody J. Wisniewski. “The Constitution is clear–Congress has the power to make law, and the Executive Branch is limited to enforcing that law. But here, President Biden openly admitted that he would circumvent Congress and have the DOJ and ATF issue new regulations that go well beyond congressionally-established law and seek to greatly expand the ATF’s reach. FPC will not stand idly by while the federal government tramples the rights of peaceable individuals through agency rulemaking.”

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