US Dist Court Judge in Texas enjoins ATF from enforcement of 2021R-05 against Tactical Machining

[DispositionMatrix]

From earlier this month.

VanDerStok v. Garland
https://assets.nationbuilder.com/fi...DerStok_v_Garland_Order_on_MPI.pdf?1662145028

Tactical Machining has shown it is entitled to preliminary injunctive relief. Having considered the arguments, evidence, and law, the Court determines that the relevant factors weigh in favor of a preliminary injunction. The remaining Plaintiffs have not carried that burden. Plaintiffs have also not shown that nationwide injunctive relief is appropriate at this stage. “njunctive relief should be no more burdensome to the defendant than necessary to provide complete relief to the plaintiffs.” Madsen v. Women’s Health Ctr., Inc., 512 U.S. 753, 765 (1994) (citation and internal quotation marks omitted). Covered by the injunction, Tactical Machining can operate its business as it has, free from the threat of enforcement of the Final Rule’s unlawful redefinitions. Presumably, Tactical Machining’s customers are still subject to felony charges for buying its products. See 18 U.S.C. § 922(a)(3). And it may be the case that Tactical Machining’s business will fail unless the injunction is subsequently amended to cover a substantial portion of Tactical Machining’s customer base. But for now Plaintiffs offer neither evidence nor argument on that point. 53

...

IV. CONCLUSION Tactical Machining has shown it is entitled to a preliminary injunction against Defendants’ enforcement of the Final Rule. Accordingly, the Court GRANTS the motion in part, DENIES the motion in part, and ORDERS that Defendants and their officers, agents, servants, and employees are enjoined from implementing and enforcing against Tactical Machining, LLC the provisions in 27 C.F.R. §§ 478.11 and 478.12 that this Order has determined are unlawful. The Court waives the security requirement of Federal Rule of Civil Procedure 65(c). See Kaepa, Inc. v. Achilles Corp., 76 F.3d 624, 628 (5th Cir. 1996). If Plaintiffs wish to submit further briefing and evidence on the scope of the injunction, they must do so no later than September 8, 2022. Any responses are due within seven days of Plaintiffs’ filing. SO ORDERED on this 2nd day of September, 2022.

There have been multiple motions and orders since then, including a request to expand the preliminary injunction, motion to transfer, and motion for clarification.
VanDerStok v. Garland - FPC Lawsuit Challenging the ATF's "Frame or Receiver" Rule

Landing page for ATF 2021R-05 "Definition of “Frame or Receiver” and Identification of Firearms":
Definition of “Frame or Receiver” and Identification of Firearms | Bureau of Alcohol, Tobacco, Firearms and Explosives

 

[KBCraig]

FORT WORTH, TX (June 30, 2023) – 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. The opinion can be viewed at FPCLegal.org.

“This case presents the question of whether the federal government may lawfully regulate partially manufactured firearm components, related firearm products, and other tools and materials in keeping with the Gun Control Act of 1968,” wrote Federal District Court Judge Reed O’Connor in his Order. “Because the Court concludes that the government cannot regulate those items without violating federal law, the Court holds that the government’s recently enacted Final Rule… is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the Court vacates the Final Rule.”

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

https://assets.nationbuilder.com/fi...88171832/VanDerStok_v_Garland_227_Opinion.pdf

 

[cams]

 

[pastera]

The opinion is awesome
Fully half of the opinion is simply debunking the government’s claims of lack of standing.
The judge sets a very low bar of $30 and a few days delay as sufficient infringement.

 

[Tartakovsky]

As people have been saying, the ATF has zero legislative authority, yet they keep acting in a legislative manner. They keep doing this to themselves.

 

[MaverickNH]

Big loss for Biden’s crusade against ‘ghost guns’

A federal judge says the ATF can’t arbitrarily classify inert objects as gun parts.

reason.com

Take that, ATF. Oh, you want some of this DOJ? Hey, Biden - get some, get some, yeah!

"We Elsewhere in the opinion, Judge O'Connor rejected the ATF's astonishment that any court could take issue with the agency's arbitrary reclassification of inert items as firearms.

"Defendants offer several classification letters in which ATF previously determined that a particular component was (or was not) a 'firearm' for purposes of the [Gun Control Act of 1968] based on the item's stage of manufacture," O'Connor chided the feds. "But historical practice does not dictate the interpretation of unambiguous statutory terms. The ordinary public meaning of those terms does. If these administrative records show, as Defendants contend, that ATF has previously regulated components that are not yet frames or receivers but could readily be converted into such items, then the historical practice does nothing more than confirm that the agency has, perhaps in multiple specific instances over several decades, exceeded the lawful bounds of its statutory jurisdiction."

In other words: Thank you for this evidence that you have repeatedly exceeded your authority!"

 

[240Geezer]

As people have been saying, the ATF has zero legislative authority, yet they keep acting in a legislative manner. They keep doing this to themselves.

Chevron decision gave them license and they ran with it.
Courts now have to undo that and put the genie back in the bottle.

 

[DispositionMatrix]

On its way to SCOTUS, presumably. DOJ wants a stay.
https://www.supremecourt.gov/Docket...7162524236_VanDerStok Stay Application vf.pdf

 

[71montess]

Stay granted.

 

[DispositionMatrix]

Stay granted.

Seemed inevitable.

 

[KBCraig]

Stay granted.

With a circuit split, that's pretty much automatic.

 

[slap shot]

Looks like they gave up the fight.

A Heartfelt Thank you and Farewell​

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Tactical Machining, LLC via sendgrid.net​	Thu, Oct 26, 11:37 PM (10 hours ago)
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Dear Valued Customer, We hope this email finds you in good health and high spirits. Today, we are reaching out to express our deepest gratitude for your unwavering support over the past 15 years. Your loyalty and trust have meant the world to us, and it has been an incredible journey serving you all. However, we have some bittersweet news to share. As of this moment, once our current stock runs out, we will not be manufacturing any more of our beloved products. This decision was not made lightly and comes with a heavy heart. The reason behind this difficult choice is the challenging landscape created by unconstitutional laws being enforced by the current administration. We've fought long and hard to continue our mission, but unfortunately, the obstacles have become insurmountable, and we must regrettably bow out. This is a tough moment for us, as we have always strived to provide you with the best products and services. We want to assure you that this decision is not a reflection of our dedication to you, our cherished customers. We've cherished every interaction, every partnership, and every opportunity to serve you. We want to take this moment to thank you sincerely for the trust you've placed in us, for the feedback that helped us improve, and for the memories we've created together over these 15 incredible years. Your loyalty has been the fuel that powered us through both the highs and lows. While this chapter may be coming to a close, we are still here to support you and address any questions or concerns you might have during this transition. We have started another company manufacturing gearboxes for trailer jacks, a product that we invented. These will be sold at www.trailergearbox.com, so we will still be around, just not in the firearm parts business. Feel free to reach out to our dedicated customer service team at [email protected] or 386-490-4464. In conclusion, thank you from the bottom of our hearts for being a part of this incredible journey with us. We are deeply grateful for your support, and we will forever cherish the relationships we've built over the years. Wishing you all the best in your future endeavors, and we hope our paths cross again someday. With warm regards and heartfelt thanks, Tactical Machining​

Sent by: Tactical Machining Our mailing address is: Tactical Machining 1241 Produce Alley Deland, FL 32724 United States Add us to your address book Copyright (C) 2022 Tactical Machining. All rights reserved. You are receiving this email because you opted in via our website.​ FOLLOW US​

 

[FisherTech]

Looks like they gave up the fight.

A Heartfelt Thank you and Farewell​

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Tactical Machining, LLC via sendgrid.net​	Thu, Oct 26, 11:37 PM (10 hours ago)
to me

View in browser

​

​

​

​

Dear Valued Customer, We hope this email finds you in good health and high spirits. Today, we are reaching out to express our deepest gratitude for your unwavering support over the past 15 years. Your loyalty and trust have meant the world to us, and it has been an incredible journey serving you all. However, we have some bittersweet news to share. As of this moment, once our current stock runs out, we will not be manufacturing any more of our beloved products. This decision was not made lightly and comes with a heavy heart. The reason behind this difficult choice is the challenging landscape created by unconstitutional laws being enforced by the current administration. We've fought long and hard to continue our mission, but unfortunately, the obstacles have become insurmountable, and we must regrettably bow out. This is a tough moment for us, as we have always strived to provide you with the best products and services. We want to assure you that this decision is not a reflection of our dedication to you, our cherished customers. We've cherished every interaction, every partnership, and every opportunity to serve you. We want to take this moment to thank you sincerely for the trust you've placed in us, for the feedback that helped us improve, and for the memories we've created together over these 15 incredible years. Your loyalty has been the fuel that powered us through both the highs and lows. While this chapter may be coming to a close, we are still here to support you and address any questions or concerns you might have during this transition. We have started another company manufacturing gearboxes for trailer jacks, a product that we invented. These will be sold at www.trailergearbox.com, so we will still be around, just not in the firearm parts business. Feel free to reach out to our dedicated customer service team at [email protected] or 386-490-4464. In conclusion, thank you from the bottom of our hearts for being a part of this incredible journey with us. We are deeply grateful for your support, and we will forever cherish the relationships we've built over the years. Wishing you all the best in your future endeavors, and we hope our paths cross again someday. With warm regards and heartfelt thanks, Tactical Machining​

​

​ Sent by: Tactical Machining Our mailing address is: Tactical Machining 1241 Produce Alley Deland, FL 32724 United States Add us to your address book Copyright (C) 2022 Tactical Machining. All rights reserved. You are receiving this email because you opted in via our website.​ FOLLOW US​ ​ ​ ​

That is the mission of the current "Regime" to put as many firearms related businesses out of business as possible.

 

[mu2bdriver]

Unfortunate. They were a reliable vendor.