As the U.S. Supreme Court prepares to hear the ATF’s “Frame or Receiver” Final Rule case on Oct. 8, gun-rights organizations are busy filing court briefs.

In the case Garland v. VanDerStok, the Firearms Policy Coalition (FOC) filed a merits-stage Response brief with the Supreme Court on Aug. 13 explaining why the government’s rule cannot survive scrutiny and must be vacated.

“Joe Biden and Kamala Harris used the ATF as a legislative body and weapon to achieve policy objections through unlawful rule-making that they could not achieve through constitutional means,” said Brandon Combs, FPC president. “Every step of the way, courts in our case have held the 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 Americans have long enjoyed a constitutionally protected right to craft their own firearm for lawful purposes and we look forward to further securing that right in this case.

Cody J. Wisniewski, president of the FPC Action Fund and general counsel for the FPC plaintiffs. said the rule was nothing more than an executive branch power grab by President Biden and Vice President Kamala Harris to impose their anti-Second Amendment agenda on peaceable Americans.

“We look forward to putting ATF in its place and an end to this unlawful regulation,” Wisniewski said.

In the brief, FPC stated: “Americans have always had the constitutional right to make personal firearms without presidential permission. The Second Amendment both stems from and protects this right, which has utmost support in the nation’s history and tradition. There is no historical tradition of regulating, let alone criminalizing, the self-manufacture of firearms.”

FPC also urged the court to make a speedy decision because of the damage that is being done to lawful Americans by ATF’s Final Rule.

“Because ATF is being allowed to enforce the Rule’s new ‘firearm’ definition while this action is pending, Respondents and the rest of the nation are suffering immense irreparable harms,” the brief stated. “Soon the Rule will succeed in destroying an entire field of traditionally lawful Second Amendment business activity that ATF has no right to regulate—not to mention the constitutional rights of the law-abiding individuals these businesses serve. For everyone being wrongly governed by this Rule’s severe criminal consequences, time is of the essence.”

In November 2023, a three-judge panel of the 5th Circuit Court of Appeals unanimously struck down the “Frame and Receiver” Rule because ATF was making laws instead of doing its real job—enforcing the laws passed by Congress.

“The agency [ATF] rule at issue here flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy,” the ruling stated. “Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will.”

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32 COMMENTS

  1. This is the new normal. Make an illegal change to the law, and make the people wait for years for the courts to smack it down. The state of NY does it repeatedly. Their hope is that they will at some point pass a law that is not invalidated by the court so they can move forward with more restrictions of constitutional rights.

    • muck…Please pull your thumb out of your mouth and proofread what Gun Control zealots
      like harris/walz will do to the 2A and reply accordingly.

        • “…tampon tim walz is one sick lowlife pos…”

          I love it when you talk dirty like that, wanna get together and bump uglies ’till the cows come home??? 😉

          • What the actual fuck happened to her? She used to post about awesome builds and I was really interested to read about them. Now she attacks many of us for no reason?
            Hey Deb! Unless you are are making me a samich GTFOH!

            • Assuming the same poster could be a mental decline or some form of break or more likely was just the underlying personality and unable to handle disagreement in a normal manner. Doesn’t really matter as the build info was functional but edging towards obsolescence with newer designs/improvements. Always nice to have historical maintenance and improvement logs and notes but if they are not a available or generally used anymore the issue tends to solve itself for better or worse over time.

  4. GREAT 2A NEWS: FEDERAL APPEALS COURT RULES AGAINST CALIFORNIA GUN CONTROL LAW.

    US Court of Appeals for Ninth Circuit in California enters an order lifting the stay of lower court that had found California’s “1 in 30 day” rule to be unconstitutional under 2A. Mark Smith Four Boxes Diner explains.

    https://www.youtube.com/watch?v=VVpB_wRn4Q0

  7. Have any of you sowers of discord and dis/misinfo been served your extradition papers yet? Look sharp for dudes in spats and funny looking helmets lurking in your shrubbery.

      • neiowa,

        XZX is referring to recent claims that the United Kingdom is going to extradite people who, while in the United States, violate United Kingdom Speech laws to stand trial in the U.K.

        (I think I got that right. I might be slightly off since I have not personally read any source material yet.)

        • Lol, “the likes of Elon Musk” prominently mentioned…

          They have made a crime of sharing as well…

    • “With a recent open attack on American free speech, the Police Chief of London threatened ‘to extradite U.S. citizens and other foreign ‘keyboard warriors’ who violate the U.K.’s restrictive speech laws while posting rumors that fueled the country’s recent riots.”

      sounds familiar …hmmm..

      THE REDCOATS ARE COMING, THE REDCOATS ARE COMING!

      Look “Police Chief of London”… ya’ll tried your tyranny and threats here once before and got your asses soundly kicked.

      Like then, you have no foundation for victory trying to do this either. So in the historic sentiment of the Americans that kicked ya’lls asses before … FUK YOU!

    • How odd… since that ‘I know everything about guns’ Albert LJ Hall poster claims to live in the UK and a was born, raised, and is a UK citizen, and tells us all how much of a ‘freedom loving, liberty embracing’ place it is and how safe it is because they banned guns. (and he knows squat about guns, and proven he knows nothing about guns)

      He has also claimed they have ‘rights’ like we do.

      Yeah, not so much Albert. Its like I told you before – you are not living in a ‘free country’ and do not have ‘liberty’ like you claimed. You live in a facade, a ‘fairy dusted’, modern day version of feudal tyranny – your citizens are disarmed, they are displeased with their government and speak out and your government imprisons them for expressing the ‘right to free speech’ you claim you have. You are living in the very definition of tyranny and your citizens have no means to fight back to throw off the yoke of this tyranny because they have been disarmed….and oh yeah, guns are all over the place in the UK its just that your government has them and can bring them to bear on your citizens any time they choose.

      But “Oh” you say…”our government would never do that to us, we have rights.”

      No, you don’t have ‘rights’ – you have what your government has ‘granted’. You do not have even one ‘inherent constitutionally codified right’. Oh yeah, as humans you have natural inherent rights – but your government like the rest of Europe has that modern day version of fuedal tyranny thing going on – and like all such tyranny what you get is the facade of ‘fairy dusted’ ‘rights’ the government granted you and wrote them down and claimed they were your rights.

      And there in lies the difference between your ‘so called’ free country and ours – in our country the government did not ‘grant’ us rights and just write them down. In the U.S. our constitutional rights written down were clearly defined as being written down to codify in writing what already existed – our rights are natural and already existing even before our country was created and we are born with and into them and they are inherent and as much a part of us as a body part is and this includes the 2A to let us know we can resist by use of arms the yoke of tyranny that threatens these rights or our country or our citizens.

      And now, aside from very openly oppressing its own citizens the U.K. once again in history seeks to threaten American citizens that they will impose their tyranny on us.

      Albert, do you see the problem here yet? Your own citizens are being openly oppressed by a tyrannical government through use of police forces. Your citizens were killed by a man with a knife (a mass-knifing) and those citizens (the adults) were unable to at least have a chance to defend those children and them selves by being armed with a firearm. Your citizens speak out and protest and your citizens that speak about it get arrested by your oppressive tyranny government police forces. (not to forget that the U.K. is eaten up with ‘knife violence’ inflicted by criminals and no one there is safe from it except your politicians who are protected by people with guns.)

      Now tell me Albert, what happened to the natural inherent right to self-defense and the natural inherent right to free speech, and how so much safer you are with a gun ban, that you claimed you claimed ya’ll had in the UK?

      Ok, here’s a clue … ya’ll let your governments make your rights ‘granted’ by your government, and they have control of your ‘rights’ and not you. And they are removing or allowing them as they see fit or desire, and as a result your own citizens are being killed and oppressed and arrested because your government controls what you thought were ‘rights’. You are literally living under tyranny, unable to defend yourself against (overall) criminals, unable to defend yourselves from your own government — ya’ll are complete idiots for allowing yourselves to be disarmed and allowing your government to control your rights and allowing marxist socialist elements of your government to have control to disarm you so your government could continue to control your rights as the country evolved. You were lied to – guns were never your problem, your government is your problem.

  8. Everyone who sees the value of the Bill of Rights in their daily lives should read the Guardian, particularly the “works” attacking Mr Musk. Apparently “armchair inciters” and American ideas of free speech are the reason the riots are occurring – not the knife murders of female 4 and 5 yos…

    By a 17 yo male freak of Rwandan descent.

    The London version of Chief of Police was inspired to warn all inhabitants of the Planet that extradition and prison awaits those who violate the UK speech laws.

    “NEVER let a crisis go to waste” <— was NOT me said that, nosirree bobbarooni.

  9. As long as there is no accountability tyrants will continue to abuse the people. It only stops when they start to swing from the lamp posts.

  13. Ah racism a dying gasp of an increasingly irrelevant division. Going to be wild watching the legacy media play catch-up with nativism and the importance of citizenship to a increasingly diverse demographic.

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