Innovative Gunsmith and the Firearms Regulatory Liability Coalition file a lawsuit holding key government officials accountable for arbitrary and capricious policies and decisions.
Franklin Armory, Inc., a leading US-based manufacturer of firearms and accessories, together with the Firearms Regulatory Accountability Coalition, Inc. (FRAC), announced today that it has filed a federal lawsuit challenging the misclassification of firearms and regulatory delays by United States Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The Co-Plaintiff, FRAC, is a nonprofit organization that demands accountability, transparency, and fairness from those agencies that regulate firearms.
The case, Firearms Regulatory Accountability Coalition, Inc., et al. v. Merrick B. Garland, et al., seeks immediate enactment of the procedures and forms necessary to facilitate sales and transfers of Franklin Armory’s Reformation® line of firearms as required by law. The case also seeks immediate reclassification of Franklin Armory’s Antithesis™ line of firearms pursuant to the National Firearms Act (NFA) and Gun Control Act (GCA).
The complaint centers on the ATF’s multi-year delay in developing the mechanisms necessary for Federal Firearms Licensees (FFL) to sell and transfer the Franklin Armory Reform, which the agency considers a subject firearm. to GCA but not subject to NFA. In one of its letters to the Franklin Armory, the ATF acknowledged that its classification created “a loophole in federal firearms regulations” that the agency would have to rectify immediately. As of the filing date of this case, more than 1,500 days have passed since the ATF classified the Reformation as a non-NFA firearm without implementing the required procedures.
The lawsuit further highlights the ATF’s arbitrary, capricious and meritless regulatory overreach regarding the misclassification of Franklin Armory’s Antithesis line of firearms as a “short barrel rifle” under the NFA and GCA. According to the filed complaint, and despite several additional voluntary submissions of widely popular Antithesis caliber and cartridge variations that Franklin Armory submitted for classification, ATF ignored numerous factors in its misclassification. According to the demand:
The Franklin Armory Antithesis is a new type of weapon that, in addition to firing a fixed cartridge with a single projectile, is designed and intended to fire cartridges that eject multiple projectiles. By classifying the Antithesis as a short-barreled rifle subject to the NFA and GCA, the ATF has loaded the weapon with illegal conditions that make it significantly more onerous for Franklin Armory to sell to the public.
“ATF’s Antithesis classification ignores the plain and clear language of the statute in favor of its own politically motivated interpretation, and its extraordinary delay in creating the procedures and forms necessary for the ATF series of firearms to Reform being sold off the market has caused Franklin Armory significant financial damage,” said Franklin Armory President Jay Jacobson. “We have spent years trying to resolve this matter without litigation. This lawsuit rightfully challenges the ATF’s egregious inaction and overreach, and seeks to ensure that not only Franklin Armory, but all members of the industry are treated fairly, accurately, and in accordance with the laws enacted by Congress.”
After many years of unsuccessful negotiations, the Firearms Regulatory Accountability Coalition, Inc., et al. v. Merrick B. Garland, et al. was filed in the United States District Court for the Western Division of the District of North Dakota and names as defendants: Merrick B. Garland, in his official capacity, as Attorney General of the United States; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and Steven Dettelbach, in his official capacity, as director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Counsel for the plaintiffs is Washington-based Wiley Rein LLP.
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About Franklin Armory®
Franklin Armory’s enduring mission is to safeguard the God-given right to protect self and property. From the “Battle Born” state of Nevada, the company designs and manufactures quality firearms, parts and accessories for sporting, defense and law enforcement applications. Highly adept at creating innovative products and using 100% American Made parts and materials, the people at Franklin Armory are true enablers of Freedom™. For more information, visit FranklinArmory.com.
About the Firearms Regulatory Accountability Coalition
FRAC’s mission is to promote greater regulatory transparency in Washington and policies that support America’s small businesses and manufacturing jobs in the firearms industry. FRAC seeks to work with Congress and the Administration to develop a strong policy that encourages innovation in all firearms product lines. But the FRAC will take on the federal government when companies find themselves on the receiving end of arbitrary and unwritten enforcement actions that undermine a predictable business environment. For more information, visit FRACAction.com.