US: Vanderstock v Garland (80% kits)

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ELB
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US: Vanderstock v Garland (80% kits)

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Post by ELB »

My understanding of this case is superficial and quite possibly wrong but as I have grokked it:

The ATF Came up with a rule that basically treated unfinished gun kits like firearms, I guess with felony consequences. A couple guys (Vanderstok, Andren) in Texas plus a company that manufactures such kits (Tactical Machining), and the Firearms Policy Coalition, filed a lawsuit in August? 2022 in the federal court of northern Texas asking for an injunction against this rule.

In September judge initially granted in part an injunction against the ATF, ruling that the ATF is authorized to regulate firearms ONLY, 80% kits are not firearms yet, so hands off, kits are not in your wheelhouse. Somewhat peculiarly he also ruled that only tactical machining showed an immediate irreparable harm, So the individuals involved were not protected by the injunction. The judge did concede that under the injunction Tactical Machining could not be prosecuted for selling a kit to an individual, but the government might be able to prosecute the individual for buying it. The judge wanted more from the individuals before he would grant an injunction.

Later he ”clarified” the injunction to cover customers of Tactical Machining, but it does not protect prohibited persons.

The injunction covers only Tactical Machining and its customers, and I think only in the courts local jurisdiction, not nationwide.

Now another kit manufacturer is seeking to join the lawsuit as a plaintiff and be covered by the protection of the injunction as well. Garland/ATF is fighting this. I don’t believe the judge has decided on this yet.

Further info (the title of the video seems a stretch, but covers the other compny that wants in, and this is what steered me to the case):

https://www.firearmspolicy.org/vanderstok (This link has actual court documents)

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