*11/3 UPDATE: The Northern District of Texas’ (Fort Worth) Court has granted 80 Percent Arms a preliminary injunction to protect us from the ATF’s unconstitutional “final rule” on frames and receivers! See our full statement on receiving the preliminary injunction here!
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We are done with the illegal antics of the ATF. We are done watching them chip away at the rights of our customers and the law abiding citizens of America. We are done watching them work to destroy not only our family-owned business but the cultural values that make for our way of life.
Ever since the new ATF rule (2021R-05F) went into effect on August 24th, 2022 many have been wondering what this means for the 80 percent sector of the gun industry. We have been preparing our next course of action, and remained silent on the matter until now.
Didn’t FPC already secure a preliminary injunction regarding the ATF’s new ‘frame or receiver’ rule?
Yes, however, it only applied to a single business. In the case VanDerStok v. Garland, a preliminary injunction was granted to the plaintiff Tactical Machining. We are taking the initial victory one step further by demonstrating the harm being placed on 80 Percent Arms and its customers and by asking the judge to expand his injunction to cover 80 Percent Arms.
Additionally, we have filed a motion to intervene in the VanDerStok v. Garland/ATF case in support for a preliminary injunction.
What is intervention in Civil Procedure?
A procedure used in lawsuits where the court allows a third party (in this case, 80 Percent Arms) who was not originally a party to the suit to join either the plaintiff or defendant. So in the VanDerStok v. Garland case we will be plaintiffs, joining Jennifer Vanderstok, Michael G. Andren, Tactical Machining, LLC; and Firearms Policy Coalition, Inc. in the challenge against the ATF’s final rule 2021R-05F.
Why did 80 Percent Arms join the litigation?
We believed we could successfully receive a Preliminary Injunction that would cover not only our company and its customers, but the entire 80 percent industry. The fact of the matter is that since August 24th, we've had a huge decline in sales because of our inability to sell jigs to new customers. In order to secure an injunction against the ATF we had to prove that there would be irreparable harm to our company, and that was certainly shown in the declaration that we filed.
In the absence of a Preliminary Injunction, 80 Percent Arms could have been forced to shut down business operations.
What About My Pending Order?
We were hopeful that justice would prevail and the ATF would be prohibited from enforcing its illegal Final Rule, so we continued to manufacture jigs and lowers as we waited for the outcome of our motions. Now that the Federal Court in Texas has given us approval to resume sales, and has prohibited the ATF from enforcing the rules against us and our customers, orders will resume shipping.
Our Recommendation for Your Next Steps
So what is our recommendation for both current and new customers? The court has made it abundantly clear that it believes the ATF's Final Rule is illegal, and that the ATF has exceeded its congressional authority. Accordingly, the Court has given protection to 80% Arms, and to our customers, preventing the ATF from enforcing its unconstitutional and illegal Final Rule.
While this is a big win for us and our customers, there is a risk that on appeal the ATF could have the Preliminary Injunction reversed. Therefore, we recommend that you stock up now. This will ensure that you can buy jigs and lowers with the protection of the court order, and also help us finance this costly ongoing battle against the ATF.
We're winning the battle, but the war isn't over until this case is litigated to its conclusion. That will take many months of expensive litigation to fight the ATF who has unlimited taxpayer money to spend in trial. Will you help us defeat the ATF?
We thank all our customers and supporters for their patience thus far and believe that we can continue to be victorious in court to defeat the ATF once and for all with your continued support. God bless you, God bless America, and thank you for exercising your freedoms in this great country.