UPDATE 11/13: We're closely monitoring the significant developments in the VanDerStock vs. Garland case following the November 9, 2023, ruling by the Fifth Circuit Court of Appeals. This landmark decision overturned the ATF's "frame or receiver" rule, which is a pivotal moment for companies like ours in the industry. The court's decision, challenging the ATF's overreach, strongly aligns with our commitment to upholding Second Amendment rights, emphasizing the importance of protecting the constitutional freedoms of gun owners without unnecessary regulatory constraints.
The court's analogy, likening items that resemble firearms to cakes that mimic other objects, highlights the issue with overregulation in our sector. Judges Oldham and Engelhardt's support for the ruling is noteworthy, as they pointed out the ATF's Final Rule's failure to adhere to the clear statutory limits set by Congress. This overstep into the realm of rewriting laws without legislative input is a concern we share.
While this is a positive step for our industry, it's important to note that the Supreme Court's stay, as of August 8th, keeps the ATF's rule active during ongoing litigation. The likelihood of an ATF appeal to the Supreme Court means we're not at the end of this legal journey.
We're staying alert and ready to navigate the changing legal environment, ensuring our continued dedication to our customers and the industry. This ruling is a critical development for our industry, and we continue to advocate for fair and legally sound regulations that respect the rights and interests of our community and customers.
The Current Scenario
In response to the recent Supreme Court decision to vacate the district court injunctions, we, at 5D Tactical, are actively reassessing our situation. This pivotal development, which allows a contentious rule that lower courts had already ruled unlawful to remain active throughout the ongoing litigation process, has undoubtedly reshaped the landscape for our industry.
The Supreme Court's decision to grant a stay on the injunctions has provided the 5th Circuit Court with an opportunity for a more in-depth review. While this may pose new challenges, we want to reassure our valued customers that we are continuing to accept and process orders, ensuring that our commitment to you remains unwavering.
Decades of Precedent at Stake
The ATF's current stance is alarming. Despite years of precedent, determination letters, and lawful sales of 80% products, they are now pushing a narrative that threatens to bankrupt our industry. Their insistence on an immediate sales halt, coupled with a refusal to allow for an orderly conclusion to the litigation, is a clear strategy to ensure their victory by financially crippling companies before a final decision is reached.
Our Stance at 5d Tactical
The ATF's attempts to label kits as "firearms" and bypass Congress and the Gun Control Act is a direct threat to our industry and the rights of Americans.
At 5d Tactical, we believe in the importance of Privately Manufactured Firearms (PMFs) and their historical significance. We also recognize the responsible use by the vast majority of PMF owners. The ATF's narrative, which paints a different picture, is not only misleading but also undermines the very essence of our industry.
As we await the 5th Circuit Courts final decision, we remain hopeful. We believe that the rule of law will prevail and that the court will recognize the ATF's overreach for what it is: an attempt to circumvent established norms and infringe upon American freedoms.
We urge our customers to stay informed and united. This is not just a battle over parts; it's a fight for the very principles that our great nation was built upon.
Stay strong. Stay resilient. Together, we will overcome.
The 5d Tactical Team