FPC Supreme Court Brief Shows Why ATF’s “Frame or Receiver” Rule is Unlawful and Must Be Vacated By: Firearms Policy Coalition

WASHINGTON, D.C. (August 13, 2024) – Today, attorneys for Firearms Policy Coalition (FPC) filed a merits-stage Respondents’ brief with the United States Supreme Court in FPC’s Garland v. VanDerStok lawsuit challenging ATF’s “Definition of ‘Frame or Receiver’ and Identification of Firearms” Rule. FPC’s brief, available at FPCLaw.org, explains why the government’s Rule cannot survive scrutiny and must fail.

Explained FPC President Brandon Combs, “Joe Biden and Kamala Harris used the ATF as a legislative body and weapon to achieve policy objectives through unlawful rule-making that they could not achieve through constitutional means. Every step of the way, courts in our case have held that ATF’s ‘Frame or Receiver’ Rule exceeded the limits of the agency’s authority and definitions found in the statutes enacted by Congress. And rightly so. Americans have long enjoyed a constitutionally protected right to craft their own firearms for lawful purposes and we look forward to further securing that right in this case.”

“ATF’s ‘Frame or Receiver’ Rule is nothing less than an executive branch power grab to impose the Biden-Harris Administration’s anti-Second Amendment agenda on millions of peaceable people. We look forward to putting ATF in its place and an end to this unlawful regulation,” said FPCAF President Cody J. Wisniewski, counsel for the FPC plaintiffs.

Oral arguments at the Supreme Court are scheduled to take place on October 8, 2024. 

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. We work to achieve our strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs. Our FPC Law program (FPCLaw.org) is the nation’s preeminent legal action initiative focused on restoring the right to keep and bear arms throughout the United States. Individuals who want to support FPC’s work to eliminate unconstitutional laws can join the FPC Grassroots Army at JoinFPC.org or make a donation at firearmspolicy.org/donate. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, YouTube.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs. Individuals who want to support this and other cases can make a tax-deductible donation to the FPC Action Foundation here.