- United States District Court threw out ATF's rule on frames and receivers
- Fifth Circuit denies government's request to stay vacator of the rule
- ATF likely to lose appeal on the merits
- Firearms Policy Coalition celebrates the court's ruling
- Certain portions of the rule not challenged by vanderstock get a stay
- Court expedites the appeal to the next oral argument calendar
- ATF's rulemaking process raises concerns about individual civil liberties
- ATF's use of rulemaking orders bypasses the legislative process
In a significant victory for gun owners, the United States District Court has thrown out the ATF's rule on frames and receivers, also known as the 80 Rule, in the case vanderstock V Garland. This ruling, made under the remedy of vacator, means that the rule is no longer in effect and people can go back to living as they did prior to the enactment of the rule.
The ATF immediately appealed to the Fifth Circuit, asking for a stay on the vacator to keep the rule in effect pending appeal. However, the Fifth Circuit has denied the government's request, stating that the ATF has not demonstrated a strong likelihood of success on the merits or irreparable harm in the absence of a stay. This decision maintains the status quo that existed for 54 years from 1968 to 2022.
The court's ruling is a blow to the ATF, as it indicates that they are not likely to succeed on the merits of their appeal. The challenge to the rule was brought by the Firearms Policy Coalition (FPC), who have been successful in several court cases this summer. FPC celebrated the court's ruling, stating that it prevents the ATF from enforcing the rule's regulatory definition of frame or receiver and firearm as applied to the Gun Control Act of 1968.
While the government did receive a stay on certain portions of the rule that were not challenged by vanderstock, the court's focus is on the part that matters the most - the ability for the ATF to regulate unfinished frames and receivers. The court has made it clear that they do not believe the law is on the ATF's side.
The court is expediting the appeal to the next available oral argument calendar, indicating that they want to resolve this matter quickly. Washington gun law predicts that the ATF will once again face defeat in the Fifth Circuit. The case raises concerns about the ATF's rulemaking process and its impact on individual civil liberties. The ATF's use of rulemaking orders, rather than going through the legislative process, has been a controversial issue.
Gun owners are advised to stay informed about the law and how it applies to them. The Firearms Policy Coalition and other organizations continue to fight for Second Amendment rights. Contact Washington gun law for further information and stay safe as responsible gun owners.