Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) responded to a federal judge granting a 7-day administrative stay on the summary judgment he issued for the plaintiffs in VanDerStok v. Garland, which challenges the ATF’s “frame or receiver” rule. The order can be viewed at FPCLegal.org.
“Defendants ask this Court to consider their motion on an expedited basis and issue a decision no later than 10:00 a.m. CDT on July 24, 2023,” wrote Federal District Court Judge Reed O’Connor in his Order. “Having considered the motion, the Court summarily DENIES the request for a stay pending appeal but STAYS the applicability of its Opinion and Final Judgment for 7 days in order that Defendants may seek emergency appellate relief.”
“While we’re disappointed that the Court has stayed the applicability of its Opinion and Final Judgment vacating ATF’s Frame or Receiver Rule, we’re confident that this will be temporary and that the Court’s Judgment will be reinstated,” said Cody J. Wisniewski, FPCAF’s Senior Attorney for Constitutional Litigation and FPC’s counsel in this case.
“We have already defeated the ATF’s unlawful and unconstitutional rule at the district court, and we’ll do the same at the Fifth Circuit.”
Plaintiffs in this case are two individuals, Tactical Machining, LLC, and FPC. FPCAF represents the Plaintiffs, alongside Mountain States Legal Foundation.