AR-15 80% lower
Dan Z. for TTAG

From the Second Amendment Foundation . . .

A federal judge in Texas has granted a preliminary injunction against the federal government’s enforcement of the final rule regarding partially manufactured firearm parts and kits in a case known as VanDerStok v. Garland, which challenged the authority of the Justice Department and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to regulate items that are not firearms, as if they were firearms.

“This is a huge victory,” said Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, which was allowed to intervene in the case last summer, along with Defense Distributed, a Texas-based company. “The court’s preliminary determination is pretty straightforward, and it notes that SAF and Defense Distributed are likely to succeed on the merits of their case against the receiver rule.”

The decision was issued by Judge Reed O’Connor for the U.S. District Court for the Northern District of Texas, Fort Worth Division. His preliminary injunction applies to Defense Distributed and its clients.

“We are pleased with the Courts ruling, which correctly finds we are likely to succeed on our claims,” said Adam Kraut, SAF’s Executive Director. “Judge O’Connor agrees that ATF’s final rule expanded the agency’s authority over parts that may be ‘readily converted’ into frames or receivers, which surpasses the authority granted by Congress. Even more compelling is that the judge agrees that ATF’s rule unlawfully treats parts kits as firearms. It is refreshing to see rogue administrative agencies being reined in by the checks and balances of our system of government.”

Last August, ATF promulgated its “Final Rule” purporting to regulate partially-manufactured firearm parts and parts kits, departing from almost 45 years of precedent, during which the agency declined to interpret the term “firearms” as noted in the Gun Control Act of 1968 to apply to partially-manufactured frames and receivers. The government flip-flopped in December, asserting that certain products are considered “frames” and are therefore firearms. Subsequently, a lawsuit was filed challenging the legality of the “Final Rule” on the grounds that the regulation exceeds the scope of ATF’s statutory authority.

The injunction takes effect immediately.

RELATED ARTICLESMORE FROM AUTHOR

127 COMMENTS

    • Los Angeles (and several other areas in CA) don’t even allow the purchase of these blanks anymore. Online sellers won’t ship them here nowadays due to letters of angry words from CA.

      Let’s change that next.

      • “Los Angeles (and several other areas in CA) don’t even allow the purchase of these blanks anymore. Let’s change that next.”

        The 9th Circus will not permit.

        • Yes
          Teachers who are willing, should be privately and extensively trained on gun safety and use. And armed!
          Those who accept that they are responsible for children in their schools.
          Because…BAD PEOPLE WILL ALWAYS HAVE GUNS!

        • Joel allow armed teachers and police on campuses and there won’t be shootings that feed your paranoia.

        • yes of course
          all school shootings were done by ordering,assembling and killing
          we also are sure all cartridges are made by old brass lamps draino and nuke materials.
          PROGRESS AMEÑ

        • Go Troll somewhere else. There hasn’t been a single school shooting committed with a Shooter Fabricated Gun. Operatives within the FBI see to it that the Perps can purchase their tools legally during the grooming process they put them through, so they can call for expanded background checks and other Infringements on the 2nd.

    • this is just another way for criminal to get guns and for the fascist democracy hating lowlifes like maga to amass more guns.

      • Excuse me one moment, Mr Falcon Butthurt…
        Bahhhhhahahahahaaaa! you communists ARE the new fascists. this is America. there are already plenty of places for you to live where you can enjoy your own ideology, ie China, North Korea, just to name two.

      • it seems You are in favor of the suspension of US CONSTITUTION! How about You Start with Your right to Speak Without ANY intelligence…

      • MESSAGE TO ‘FALCON’
        Obviously you are an extremist!
        If a shooter came blasting in somewhere YOU are, wouldn’t wouldn’t you rather be behind me? I’m armed.

      • You cracked the code but try to understand, these gun nuts need these firearms to feel like men. They aren’t going to stop unless they grow south of the belt line or actually of on a date…with a girl

        • You cracked the code but try to understand, these gun nuts need these firearms to feel like men. They aren’t going to stop unless they grow south of the belt line or actually of on a date…with a girl

          And ANOTHER bitch steps up to compete with dumbass Jimmy Kimmel, I believe this moron could give him a run for his money… dacyboy and Minerva must be recruiting from the how stupid can YOU get? website

      • Fascist:
        1
        often capitalized : a political philosophy, movement, or regime (such as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition
        2
        : a tendency toward or actual exercise of strong autocratic or dictatorial control
        (https://www.merriam-webster.com/dictionary/fascism)

        Seems to align with the Dimwitocrat Party agenda.

      • You Commiecrats Crack me up.

        You do realize that if all Gun Owners were as terrible as you’d like to believe we are, you and your Lefty Pinko Friends wouldn’t be here.

    • The ignorance of these 2nd amendment groups without any historical facts, they have decided what the Constitution meant 200 years ago. They do not explain it to the populace. They make up their own histoy and then they get judges that will stand behind them. They’re deconstructing the Constitution in real time. They’re fools… they’re liars.

      • what part of “right of the people to keep and bear arms shall not be infringed” don’t you understand?

      • How about YOU share YOUR disparate version of history, can’t wait to see what they’ve stuffed in whatever you use for a brain so, please enlighten us lesser human beings… I’m amazed at how so many different meanings can be culled from those few simple words…

    • That’s the million dollar question 40 Booger
      It’s whatever the deem it this week they think

    • It means you can subvert laws you can make up your own laws and direct opposition to the Constitution and get away with it.But thats always been Texas. weakening America one corrupt judge at a time.

      • I don’t know which History texts you’ve been reading, but your comments tell me your basing your argument upon texts of questionable veracity.
        Spend a bit of time with the Federalist Papers and the writings of Madison, Mason and quite a large number of the Founders, because your Cliff Notes Version of the History of the 2nd is decidely lacking.

  3. The ruling is valid only in that district, correct?

    Boo-hiss for the rest of the country?

    • only for defense distributed, not sure for the public.

      it says it can’t be enforced against defense distributed, and that SAF did not meet its burden for injunctive relief, so it gives injunctive relief for defense distributed but denied it for SAF and its members.

    • Like Judge O’Connor’s earlier preliminary injunctions in this case, this ruling only directly enjoins gov’t actions against the specific named plaintiffs / intervenors. Even other individuals who live in the Fifth Circuit don’t enjoy it’s protection . . . yet.

      The earlier preliminary injunctions from Judge O’Connor have already been appealed to the Fifth Circuit. Just pulled the docket sheet, and I estimate we’ll see this one argued this summer, with a decision in the fall. If the Fifth Circuit finds that the rule is unconstitutional / invalid in that appeal (which I strongly suspect it will, as that’s the issue subsumed in the “likelihood of success on the merits” element), **then** that ruling will become binding precedent for the Circuit.

      IOW, if the Fifth Circuit rules, as part of the case involving these particular plaintiffs / intervenors, that the rule is invalid, and BATFE thereafter attempted to prosecute someone in Texas / Louisiana / Mississippi who was not a plaintiff/intervenor in the instant case, that criminal case would have to be dismissed as being for a violation of a law that binding circuit precedent says is invalid. (Indeed, methinks there would likely be a good malicious prosecution claim against those involved in obtaining an indictment.)

      But district courts outside of the Fifth Circuit would not be bound by that precedent, and thus people would still be subject to prosecution in those jurisdictions.

      Now, it’s possible that Judge O’Connor might enter a nationwide permanent injunction as part of a final order in the case. (Cody, if you’re reading this, is the FPC seeking such relief?) If that happens, then the injunction would protect everyone.

      Bottom line: unless you are a named party in the preliminary injunctions, you’re not protected by it. That will probably change in the future, but that day is not here yet.

      • “Bottom line: unless you are a named party in the preliminary injunctions, you’re not protected by it. That will probably change in the future, but that day is not here yet.”

        OK, thanks. Still, the overall trend in these rulings is looking better and better for us… 🙂

        • This is all about strategy. A narrow preliminary injunction (limited to only the named plaintiffs) front and centers the main legal issue, and thus has a much higher chance of being entered and upheld. A nationwide injunction (especially as a preliminary injunction) raises many more issues.

          If, as FPC is doing, they get their preliminary injunction upheld by the Fifth Circuit in a reported opinion, the ability to get a nationwide permanent injunction becomes much more doable.

    • If you want to kill your children with machine guns and Texas I say that’s a great idea. But I don’t think it should be anywhere else in the United States. Except maybe Mississippi Louisiana Florida Alabama all the Southern States can pretty much go to h***

      • all the Southern States can pretty much go to h***

        I think Lynyrd Skynyrd said it best in their response to Neil Youngs “Southern Man” by simply saying “Southern Man don’t need you around anyhow” and I’ll add a big old Bless your little heart, moron…

      • An 80% receiver or other parts have nothing to do with a machine gun. The text in the post proves the troll is a troll.

        • “The text in the post proves the troll is a troll.”

          Been on this forum since 2013. Have come to the conclusion (some time ago), that what people here identify as “trolls” are actually poor attempts at AI; “talking” to a computer program.

    • And the pace of those steps is getting faster and faster… 🙂

  6. I would like to see Jim Crow Gun Control democRat joe attempt to set up and hog out an 80% receiver and fully assemble and test fire it in 30 minutes like he claims can be done. Hats off to those who do the extras to finish an 80%, I already put too much of me into assembling stripped serialized receivers to have time and energy left to even think about doing an 80%.

  7. We will win this case in the end. It has been strategic thinking and planning, in using their own self-hating white liberal guilt against the judges.
    In the end. Mr. Cargill is going to win his case.

    And the NFA may still be around. But it will be gutted by Justice Thomas. And the ATF will get castrated.

  8. Senators Federrman and Finestein are hospitalized and unable to vote. Hopefully the both of them will receive long-term hospitalized care. Away from the senate chambers.
    A good 90 days or more in a hospital will do them and the nation very well.

    • Away from the senate chambers.
      A good 90 days or more in a hospital will do them and the nation very well.

      It’s still 49/49 and kamaltoe can break the tie…

        • I heard fetterzombie resigned?

          I’ve heard several different stories including a couple about why his old lady packed up the kid(s) and ran off… Won’t matter Dem Gov will appoint another Dem as a placeholder til they can put on a special election… Actually, better if he just stays brain dead for awhile, kind of funny that Feinstein got shingles that shit CAN kill an old frail person about 100 per year..

        • They will hold the seat for his wife, the first illegal immigrant to hold the office. Mark my words. Female bisexual immigrant checks all of the woke boxes.

        • Female bisexual immigrant

          Already got a female bisexual: Sinema AZ (D)
          Five immigrant Senators, two women: Duckworth IL (D); Thailand
          Hirono HA (D); Japan

  9. The only problem here is this: The BATFE ALREADY HAS a list of all the companies selling 80% lowers………and can easily obtain the sales data for same. If you buy one via mail or the internet from the manufacturer you are subject to being identified (now or in the future) as holding one (or more, probably). The only safe way (to avoid future identification and prosecution) to buy one is with cash over the counter of a local dealer, or (better) via a personal purchase between two people. Same goes for parts kits and jig sets.

  10. It is a pity that the government can be so non responsive to a citizen of the United States of America. What a shame.

  11. So now it’s time ( using a cost cutting excuse ) to eliminate the A T F as an obsolete agency and destroy their data base.

  12. @Geoff “I’m getting too old for this …”
    “May resign unfortunately.”

    Democrat controlled news outlet; speculation atop speculation.

  13. I’ll be interested to see how far the court is willing to wade into technicalities of manufacturing and how those intersect with law and promulgated regulation on this topic.

    There are a lot of cases that would seem to be a slam dunk on the merits if the details of real-world technical detail/outcome, but require you to get them in front of a judge who will
    1. consider things more detailed than just broad strokes of administrative/other law and
    2. is capable of understanding the technical aspects of what’s being discussed and reasoning through what they mean.

    For the last several decades it seems to me that a lot of decisions have come down to deferring to “expert opinion of the government” because the judge doesn’t actually understand what a law will do in practice and/or isn’t willing to “comment” on that.

    It would be nice if that changed, even just a bit.

    • “…because the judge doesn’t actually understand what a law will do in practice and/or isn’t willing to “comment” on that. It would be nice if that changed, even just a bit.”

      It is a winning strategy two wage a war of the experts in front of judges and juries.

    • “For the last several decades it seems to me that a lot of decisions have come down to deferring to “expert opinion of the government” because the judge doesn’t actually understand what a law will do in practice and/or isn’t willing to “comment” on that.”

      I really hope this Court does to the concept of ‘Chevron deference’ what Thomas did to the two-tier scrutiny of the 2A. I.E., one tier too many.

      Forcing that workload onto the already-overloaded Congress will slam on the brakes of a corrupt government, and hopefully result in a lot of laws just tossed out…

  15. 80% Arms has excellent fit and finish. And as a plus are manufactured in the People’s Republic of California.

  17. The problem with this is that ATF, along with every other government agency or department, both state and federal, gets to use taxpayer money to continuously file case after case in the courts. Even when they keep losing because their intention is to bankrupt their victims. I would support a law that would reduce the annual budget of these runaway agencies the exact same amount that is awarded their victims. Maybe when they realize that pushing a losing case will actually cost them money in their operational funds, then maybe they will stop the lawfare. Who am I kidding? They will just fabricate evidence to win then. Let’s just take away the firearms part and they can then be the BATE.

  18. This ruling should have been stopped immediately in the first place , the ATF can NOT write law , under Biden they think they can but it’s a big no go , only Congress can make law and the ATF needs to be kicked off their high horse ‼️

  19. All who are in favor of gun control need to……trip over a soup spoon, fall down in front of a bus and catch AIDS. I think it is ridiculous when rich mofos and politicians who can obliterate whole nations with nuclear bombs and have body guards who tote FULLY automatic weapons want to bitch about my semi auto AKS. Especially when one takes into account that these woke a______s who are SUPPOSED to be so anti racist and anti confederate push racist policies (and confederate) policies like gun control.

  20. So if I have a partially assembled nuclear weapon the NRA and 2nd Amendment absolutist nut jobs would be fine with that and I can bring all the parts to their next convention? That would be the best place to save America from the right winger nut jobs.

    • “So if I have a partially assembled nuclear weapon the NRA and 2nd Amendment absolutist nut jobs would be fine with that…”

      2A is about disciplining a rogue government. Whatever weapon the govt has, the people have a natural, human, and civil right to match.

      I submit that the people who fear the weapons of we, the people, are those for whom the Second Amendment is a warning.

  21. under those rules the a canister of reloading powder is a bomb and airplane is a missile, a never ending story.

  22. This is dumb part of a firearm is still a firearm. The ATF should be allowed to regulate all parts that are involved in gun manufacturing.

  23. sure are a lot of dumb sheepletrolls responding on this….. they’ll be the first to get put in the corral and …wait.. I can hear the screaming now…

  24. Anyone who thinks that you can take one of these “80%” polimer frames and use a Dremel tool and drill press to make a firearm is delusional.

    • Yeah, guess you’re right I’ve only been able to make a viable lower RECEIVER (polymer AND aluminum) with those tools a dozen times… After that I have to assemble the rest of the parts to make a complete firearm. I’ve seen it done using only a hand drill, not as pretty as mine but still functional…

  25. those who live by the gun will die by the gun, for most of us that enjoy living that can come soon enough. why don’t you all get together and have a good old gun fight so we can be done with you cave men and move to a more civilized society because you gun nuts keep dragging us back to the wild wild west.
    breaking news wild wild west was a make believe tv show it never really existed you clowns

    • sorry for your loss , who are you to tell others what they need to do because your feelings are hurt , if you are that afraid stay in your moms basement and never come out. my life is not subject to you or your feelings.

    • MADDMAXX March 5, 2023 At 10:45
      Your comment is awaiting moderation
      You are the one bringing up “the Wild West”… I would not want to live in the 1800s… Maybe you should grow a pair and quit drinking the Kool-Aid…

      Holy fuck, another innocuous post gets “moderated”? Damn, what is it THIS time, too much truth? okay I take it back, MAYBE the 1800s was kind of okay…

    • “those who live by the gun will die by the gun,”

      Zackly. Anyone who attempts to harm you with a gun, risks dying by the gun.

  26. I see many opinions here. To me it’s a start- a pretty decent start at that. I realize it’s a limited decision however case law is built on precedent & here we have precedent. Great Job Texas ! Let’s go nationwide. Never gonna happen that way. You have a Bozo clown 🤡In New York state that REFUSES TO RESPECT A RECENT SCOTUS DECISION- YET GOV HOCHUL WAS ( WHEN SHE WAS THE ERIE COUNTY NEW YORK CLERK) PRO NRA, ANTI THIS ,ANTI THAT, NOW HOWEVER IN ORDER TO WIN SHE ADOPTED OFF THE CLIFF LEFTY PREROGATIVES- A TRUE POLITICIAN. A BUM!

  27. This is not a win for constitutional rights.80 percent lowers should not be available for anyone to buy. I own multiple ars and purchased them all legally. It’s really not a big deal or hassle. People looking to buy these are just doing it because they believe they should have the right too. 100 percent lowers really aren’t that expensive. Sometimes you have to lose a few battles to win a war.

    • MADDMAXX March 5, 2023 At 11:04
      Your comment is awaiting moderation
      People looking to buy these are just doing it because they believe they should have the right too

      THAT is absolutely correct… I have several (assembled from parts) ARs that use high end parts and cost more than the average “manufactured” AR some using 80% lowers some using factory blank lowers… Why? For the same reason I like to build performance engines for cars and motorcycles, the satisfaction of doing it better than someone else… None of my guns has ever crept out on its own in the middle of the night and killed someone, You do NOT have to lose ANYTHING to win a war, you win a war by killing your enemy and breaking his stuff

      Two in a row to “moderation”? guess I’m KING for a day… Oh well, Bike Week is on think I’ll take a ride through Daytona and try again later…

  28. Does this mean parts like Glock switch and seers cannot be regulated as thry are only parts of a firearm? This would allow arms mfg to legally sell these controlled parts to make full auto firearms . And silencers?

    • Generally, yes. They should be available. If the law-abiding could have them, the criminals who do have them wouldn’t be so quick to use them.

      The only real deterrent against violence is the threat of violence. History has proven that.

  30. Nothing says American Gun Manufacturers Lobby Dollars at work like buying up Politicians. Rullings like this that will clearly allow murderers even more access to deadly tool. Conservatives lie Americans die!

  32. What we need is some transparency here. The government entities know what weapons used in a crime were legally acquired, stolen, or obtained in an unlawful manner. However, they tend to hide these facts so that they can push their gun control agenda. They’ve got the information required for positive change but refuse to act on it. In the meantime, law abiding citizens must worry about their loss of the right to protect themselves.

  33. So will the ATF be sued for over reach of power. Will there be any repercussion for over reaching and abusing their power to try and take Americans rights away? We want accountability!!

  34. So will the ATF be sued for over reach of power. Will there be any repercussion for over reaching and abusing their power to try and take Americans rights away? We want accountability!!

    • If you’re going to use two different names at least change some of the wording or wait more than a minute to repost the same thing.

      Tom p March 5, 2023 At 14:23
      So will the ATF be sued for over reach of power. Will there be any repercussion for over reaching and abusing their power to try and take Americans rights away? We want accountability!!

      Tom seagul March 5, 2023 At 14:22
      So will the ATF be sued for over reach of power. Will there be any repercussion for over reaching and abusing their power to try and take Americans rights away? We want accountability!!

  35. Pretty dumb move. If you can’t regulate them like guns they become even easier to completely ban nationwide under other agencies. Once again Texas has idiots running the show

  36. I am grateful that you shared this knowledge with me. I truly enjoy the post that you made on your blog a lot. You have provided readers with a blog post that is both instructive and interesting.

    • part of a firearm is still a firearm.

      NO, it’s not… It requires a complex assembly of hundreds of precision “parts” to make a reliable, accurate firearm… Is the spring in a trigger assembly a firearm? You can make a simple firearm capable of actually killing someone with a couple of pieces of pipe, a nail and a heavy rubber band but don’t bet your life on it… The ATF has “assumed” way too much authority and a feckless Congress has allowed it rather than doing THEIR job… No appointed bureaucrat should have ANY authority over our lives, the ATFs purpose WAS to enforce laws written and affirmed by people duly elected to do the “peoples” work NOT to “regulate” our lives… Time for the ATF to go…

  39. Thank you for accepting me in your prestigious forum. it is a sensation for me to be along with you and I also be able to find myself with diverse info about the fields that are discussed in this forum.

  45. The Rose Bowl Parade 2024 is scheduled to kick off on January 1st, 2024, at 8 AM. The breathtaking procession will wind its way through the streets of Pasadena, California, showcasing spectacular floral displays, lively marching bands, and captivating entertainment.2024 Rose Bowl Parade Live Online and it Scheduled to unfold on January 1st, 2024, this annual extravaganza is a prelude to the Rose Bowl Game, a historic college football matchup that takes place later the same day. URL : https://api-staging.spartan.com/

  46. This ruling marks a significant development in the ongoing debate over firearm regulation in the United States. It highlights the complex legal landscape surrounding the definition and control of partially manufactured firearm parts and kits, challenging the traditional scope of ATF’s regulatory authority. This case could set a precedent for how similar cases are handled in the future

Comments are closed.