BELLEVUE, WA – 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 vs. Garlandthat challenged the authority of the Department of Justice and the 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 fairly straightforward and notes that SAF and Defense Distributed are likely to prevail on the merits of their case against the receiver rule.”

The decision was issued by Judge Reed O’Connor of the US District Court for the Northern District of Texas, Fort Worth Division. Its preliminary mandate applies to Defense Distributed and its customers.

“We are pleased with the courts’ ruling, which correctly finds that we are likely to be successful on our claims,” said Adam Kraut, SAF’s chief executive. “Judge O’Connor agrees that ATF’s final rule expanded the agency’s authority over parties who can ‘easily become’ frames or receivers, exceeding the authority granted by Congress. Even more compelling is that the judge agrees that the ATF rule illegally treats kits as firearms. It is reassuring to see rogue administrative agencies find themselves controlled by the checks and balances of our system of government.”

Last August, the ATF enacted its “Final Rule” purporting to regulate partially manufactured firearm parts and kits, building on nearly 45 years of precedent, during which the agency refused to interpret the term “firearms fire” as stated in the Gun Control Act 1968 to apply to partially manufactured frames and receivers. The government reversed course in December, stating that certain products are considered “frames” and 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.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt legal action, research, publishing, and education group focusing on the constitutional right and inheritance to own and own guns. fire privately. Founded in 1974, the Foundation has grown to more than 720,000 members and supporters and runs many programs designed to better inform the public about the consequences of gun control.