Vanderstok v. Garland

Vanderstok v. Garland

United States Court of Appeals for the Fifth Circuit

Previously: United States Supreme Court – Docket No: 23A82

United States District Court for the Northern District of Texas – Docket No: 4:22-cv-00691

Filed: December 23, 2022

Status: Active

On April 26, 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) published a Final Rule in the Federal Register changing the regulatory definition of the term “firearm.” ATF’s imaginative new definition expands the term beyond finished “frames or receivers” Congress had considered to include objects which were never considered to be firearms. 

ATF’s redefinition violates the Administrative Procedures Act (“APA”) in several ways, including by defining the terms “frame” and “receiver” to encompass objects which are not firearms, along with parts kits, in direct contradiction of Congress’s definition of those terms found in the Gun Control Act. 

On December 23, 2022, the Second Amendment Foundation, alongside Defense Distributed, filed an intervenor’s complaint in an existing lawsuit being litigated in the Northern District of Texas. The lawsuit asks a federal court to hold that the ATF’s new definition is unlawful, set it aside, and preliminarily and permanently enjoin the ATF from utilizing its new definition. 

Case Team: Chad Flores

Case Documents


Brief in Support of Motion to Intervene

Motion to Intervene

To access all of the case documents at the District Court, please visit the docket.

To view documents filed on appeal, please visit the Court of Appeals docket.

Case Media