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WASHINGTON, DC (August 2, 2023) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) filed a response brief with the Supreme Court in VanDerStok v. Garland, their lawsuit where the Fifth Circuit refused to stay a federal district court’s decision to vacate significant portions of the ATF’s “frame or receiver” rule. Following the Fifth Circuit’s decision, the government asked the Supreme Court to fully stay the ruling and allow the rule to remain in effect while the lawsuit continues. The brief can be viewed at FPCLegal.org.

“The district court correctly held that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) has exceeded its authority by seeking to depart from over fifty years of regulatory practice and extend the definitions of ‘firearm’ and ‘frame or receiver’ in federal law beyond any reasonable understanding of those terms,” argues the brief. “The district court also correctly held that vacatur is a proper remedy when a federal agency has been found to exceed its statutory authority, as courts have consistently held since the enactment of the Administrative Procedure Act in 1946.”

Key to the case surrounding ATF’s expansive redefinition of “frame or receiver,” the brief argues: “Here, Congress determined that “frame or receiver” should be regulated as firearms, and ATF has no authority to expand that phrase to include items that are neither frames nor receivers, but merely could be manufactured into them.”

“Our brief today demonstrates just how flawed the government’s arguments are in this case,” said Cody J. Wisniewski, FPCAF’s General Counsel and Vice President of Legal and counsel for FPC in this case. “We’re confident that the Supreme Court will see through ATF’s arguments, just as the Fifth Circuit and district court have, and will ensure that ATF is prevented from enforcing its unlawful rule while they seek to litigate their appeal of their loss at the district court.”

Plaintiffs in this case are two individuals, Tactical Machining, LLC, and FPC. FPCAF represents the Plaintiffs, alongside Mountain States Legal Foundation.

Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
 

FPC and FPCAF File Supplemental Brief in Lawsuit Challenging ATF Pistol Brace Rule​

FRIDAY, AUGUST 18, 2023 POSTED BY FIREARMS POLICY COALITION

FT. WORTH, TX (August 18, 2023) – Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced the filing of a supplemental district court brief in Mock v. Garland, their lawsuit challenging the ATF’s pistol brace rule. The brief follows the Fifth Circuit determining that the rule is likely illegal and remanding the lawsuit back to the district court with instructions to reconsider the other preliminary injunction factors within 60 days. The brief can be viewed at FPCLegal.org.

“The evidence demonstrates overwhelmingly that Plaintiff Maxim Defense, as well as everyone in the chain of commerce with it, has and will continue to suffer irreparable harm if the Final Rule is not enjoined,” argues the brief. “The market for stabilizing braces and pistols with stabilizing braces (‘braced pistols’) has essentially evaporated. Assuming Maxim Defense can even survive if the Final Rule is not enjoined, Maxim Defense and the rest of the industry will continue to lose countless millions of dollars that cannot be recouped.”

“The Fifth Circuit has already ruled that we are likely to win this case on the merits, but now we are further demonstrating to the District Court just how destructive ATF’s ‘Pistol Brace’ Rule has been to the industry and how much harm it has caused,” said Cody J. Wisniewski, FPCAF’s General Counsel and Vice President of Legal, and FPC’s counsel in this case. “Importantly, we also address the necessary scope of an injunction, which we maintain should apply universally and nationwide–it was ATF that chose to promulgate a nationwide rule that, with the stroke of a pen, turned millions of peaceable people into felons, so it is their burden to bear that their unlawful rule should not be enforced against a single person or entity for the pendency of the litigation.”

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.
FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.
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.
 

FPC Challenges New Mexico Governor’s Total Carry Ban

TUESDAY, SEPTEMBER 12, 2023 POSTED BY FIREARMS POLICY COALITION

ALBUQUERQUE, NM (September 12, 2023) – Firearms Policy Coalition (FPC) announced today that it has filed a new Second Amendment lawsuit challenging New Mexico Governor Michelle Lujan Grisham’s executive order banning firearm carry in Bernalillo County and Albuquerque. The complaint and motion for a temporary restraining order in Fort v. Grisham can be viewed at FPCLaw.org.

“This restriction is in flagrant violation of Plaintiffs’ right to carry firearms in public for self-defense, a right that has been clearly established by the United States Supreme Court,” argues the complaint. “Indeed, the Orders perversely target the right to carry in the places where self-defense is most necessary.”

“Gov. Grisham’s order is blatantly unconstitutional, and we will not stand by while she violates the rights of peaceable New Mexicans,” said Cody J. Wisniewski, FPC Action Foundation’s General Counsel and Vice President of Legal, and counsel for FPC. “This is not the first time Gov. Grisham has abused her emergency powers to violate the rights of peaceable people. Just as we did during the pandemic, we look forward to ending yet another of the governor’s tyrannical orders.”

FPC is joined in the litigation by the Second Amendment Foundation and New Mexico Shooting Sports Association.
 
In a very amusing instagram post, FPC has offered to help Hunter Biden beat the gun charges.:

FPC instagram post offering to help Hunter Biden fight the gun charges.png

Jared at G&G said he asked them if they are serious and they said absolutely. :)
 
Today, Judge Benitez issued an opinion in the FPC case Miller v. Bonta, once again holding that California's "assault weapons" ban is unconstitutional.

This decision follows the Ninth Circuit Court sending the case back to the district court in light of the landmark SCOTUS Bruen Decision.

This important decision starts the clock ticking again, and now the burden will be on California to prove that the ban passes constitutional muster.

SUPPORT FPC'S WORK TODAY

You can expect the State to launch a full appeal, and we will keep fighting these despots until we achieve total victory.

Right now, it's vital that we stop California from winning on appeal. But either way, this case could ultimately be bound for SCOTUS.

Meanwhile, tyrants in states like Massachusetts and Illinois must surely be quaking in their jackboots over this massive FPC win.



If an "assault weapons" ban can be declared unconstitutional in California, it can be declared unconstitutional anywhere.
 
Dear Member,

Just like FPC warned, Senators Cory Booker and Elizabeth Warren have formally introduced stunning new anti-gun legislation in Congress.

However, it's even worse than we thought, as Warren's S. 3223 would create a National Ammunition Registry.

FIGHT BACK RIGHT NOW!


Warren is gathering her War Party and plotting to:

  • BAN bulk ammo sales
  • BAN buying ammo for friends
  • And FORCE the creation of a National Ammo Registry that will be weaponized against We The People.
This lunatic wants to know about every round of ammo you buy, Ellen. And in order to violate your rights and your privacy, she's willing to bring the full force of government down on you by mandating a criminal background check on every ammo sale to non-FFLs.

This outrageous proposal is straight out of the Communist Playbook, and how fitting to see it proposed by an Avowed Marxist.

TAKE IMMEDIATE ACTION


We need to stop this bill IMMEDIATELY, and we're asking for your help. Take action ASAP and tell Congress to REJECT S. 3223!

Unfortunately, Warren's bill is only one half of the absolute INSANITY being proposed in Washington DC this week...

Sen. Booker's S. 3212 would require you to obtain a Federal License in order to purchase or receive a firearm.

This government permission slip would only be good for ONE GUN, requiring you to repeatedly beg every time you wish to exercise your rights.

STOP THESE TRAITORS NOW!

Booker's plan could effectively BAN ALL FUTURE GUN OWNERSHIP FOR ALL TIME, based on the trap he's setting with his bill, Ellen.

That's because you could be DENIED a license for something as simple as consuming more alcohol than the Elites in DC think you should, OR...

Literally having purchased a gun or ammo could then be used to disqualify you from purchasing another gun or ammo FOR LIFE!

Ellen, Senators Warren and Booker are conspiring together to craft legislation that would effectively turn America into Australia overnight.

CONTRIBUTE IMMEDIATELY

That's why we need you to do two things RIGHT NOW to help FPC stop this disgusting and TREASONOUS legislation:

1. TAKE ACTION - Tell Congress to REJECT both of these utterly unconstitutional, anti-gun bills.

2. CONTRIBUTE - Chip in $100, $50, or even $25 immediately to help deploy our team to DC and SHRED these bills.


If you donate before midnight tonight, you will also be entered to WIN a Springfield Armory Prodigy AOS from FPC!

These so-called "Representatives" have shown their true colors once again: Enemies of The People.

Help us show them what happens when they break their oaths of office and trample upon the your fundamental rights!

Stay Free,
Firearms Policy Coalition
 
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