Gregory Kielma • July 3, 2023
Federal Judge and ATF disagree
Federal Judge Throws Out ATF’s ‘Frame or Receiver’ Rule That Redefined What Constitutes a Firearm
By
Dan Zimmerman
July 1, 2023
In another blow to the Biden Administration’s ongoing war on the gun industry and firearm owners, a federal judge has thrown out the ATF’s attempt at regulating gun parts and partial receivers as complete firearms. Parts kit and 80 percent frame makers JSD Supply and Polymer80 were intervenors in the case, VanDerStok v. Garland.
After earlier issuing an injunction blocking ATF enforcement, United States District Court Judge Reed O’Connor ruled yesterday that the ATF overstepped its regulatory authority by skirting the legislative process and, in effect, unilaterally re-writing the Gun Control Act of 1968 in order to allow it to regulate gun parts as it does complete firearms. O’Connor vacated the agency’s rule granting the plaintiffs summary judgement.
As O’Connor wrote . . .
In sum, there is a legal distinction between a weapon parts kit, which may be an aggregation of partially manufactured parts not subject to the agency’s regulatory authority, and a “weapon” which “may readily be completed [or] assembled . . . to expel a projectile.” 18 U.S.C. § 921(a)(3)(A). Defendants contend that drawing such a distinction will produce the absurd result whereby a person lawfully prohibited from possessing a firearm can obtain the necessary components and, given advances in technology, self-manufacture a firearm with relative ease and efficiency.86 Even if it is true that such an interpretation creates loopholes that as a policy matter should be avoided, it (sic) not the role of the judiciary to correct them. That is up to Congress. And until Congress enacts a different statute, the Court is bound to enforce the law as written.
The Firearms Policy Coalition issued this statement cheering the decision . . .
Today, Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) announced that a federal judge has granted summary judgment for the plaintiffs in VanDerStok v. Garland, vacating the ATF’s “frame or receiver” rule and preventing the federal government from enforcing it. The opinion can be viewed at FPCLegal.org.
“This case presents the question of whether the federal government may lawfully regulate partially manufactured firearm components, related firearm products, and other tools and materials in keeping with the Gun Control Act of 1968,” wrote Federal District Court Judge Reed O’Connor in his Order. “Because the Court concludes that the government cannot regulate those items without violating federal law, the Court holds that the government’s recently enacted Final Rule… is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the Court vacates the Final Rule.”
“We’re thrilled to see the Court agree that ATF’s Frame or Receiver Rule exceeds the agency’s congressionally limited authority,” said Cody J. Wisniewski, FPCAF’s Senior Attorney for Constitutional Litigation and FPC’s counsel in this case. “With this decision, the Court has properly struck down ATF’s Rule and ensured that it cannot enforce that which it never had the authority to publish in the first place.”
“This is a monumental victory against the tyrannical ATF. Firearms Policy Coalition and FPC Law have argued that this rogue agency has unlawfully attacked gun owners in this latest round of ‘rulemaking’ and we are grateful to see the Court agree,” said Richard Thomson, FPC’s Vice President of Communications. “We will not stop, however, with this latest victory. FPC and FPC Law will continue to bring these cases to put a stop to the immoral and unconstitutional actions of the disarmament regime.”
Plaintiffs in this case are two individuals, Tactical Machining, LLC, and FPC. FPCAF represents the Plaintiffs, alongside Mountain States Legal Foundation.
Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
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Being Prepared for the 2026 Hurricane Season By Gregory Kielma, Tactical K Training & Firearms The 2026 Hurricane Season is shaping up to be another year where preparation isn’t optional it’s essential. Florida has seen record heat, rising insurance pressures, rapid population growth, and increasingly unpredictable storm behavior. None of that is meant to create fear. It’s meant to reinforce a simple truth: preparedness gives you control, confidence, and options when the weather turns. Whether you’re protecting a home, a business, or a family, the goal is the same build layers of readiness before the first storm forms. Start With Awareness and a Plan Storms don’t give you time to “figure it out later.” Your plan should be written, practiced, and known by everyone in the household or workplace. Key elements of a solid plan: Where will you go if evacuation becomes necessary Multiple routes out of your area A communication plan if cell networks fail A designated out‑of‑state contact A plan for pets, elderly family members, and anyone with medical needs For businesses, include: Who secures the building Who handles digital backups Who communicates closures and reopening A plan removes panic. It replaces it with action. Strengthen Your Home or Business Before the First Storm Florida structures take a beating every year. Small improvements now prevent major losses later. Exterior protection: Inspect your roof for loose shingles or soft spots Clear gutters and drainage paths Trim trees and remove dead limbs Install or test shutters Reinforce garage doors—one of the most common failure points Interior protection: Surge protection for critical electronics Elevate valuables and important documents Know how to shut off water, power, and gas If you own a business, walk your property as if you were a storm: What can break? What can blow away? What can flood? Fix those points now. Build a Realistic, Usable Supply Kit For Your Home or Business A hurricane kit isn’t about stockpiling, it’s about independence. After a major storm, help may take hours or days to reach your area. For homes and families: Water: 1 gallon per person per day (minimum 3–7 days) Non‑perishable food Medications and medical supplies Flashlights, headlamps, and batteries Battery bank for phones First aid kit Copies of important documents Cash in small bills Tools, gloves, tarps, duct tape For businesses: Backup power for essential systems Printed employee contact lists Hard copies of insurance documents A plan for securing inventory and equipment Preparedness isn’t about fear it’s about not being dependent on luck. Protect Your Digital Life In 2026, digital readiness is just as important as physical readiness. Back up important files to the cloud and an external drive Photograph your home, business, and valuables for insurance Store digital copies of IDs, insurance policies, and receipts Keep chargers, power banks, and a small solar panel if possible When the power goes out, your digital preparation keeps you moving. Understand Post‑Storm Safety Most injuries happen after the storm, not during it. Be cautious with: Downed power lines Flooded roads Carbon monoxide from generators Unstable structures Contaminated water If you evacuated, don’t rush home. Wait for official clearance. Your safety comes first. Mindset: Prepared, Not Paranoid Preparedness is a discipline, not a reaction. It’s the same mindset we teach in every Tactical K class awareness, planning, and responsible action. A hurricane is a natural event. Your response is a choice. When you prepare early, you protect: Your family Your property Your business Your peace of mind And you set an example for your community. Kielma’s Parting Shot The 2026 Hurricane Season will bring challenges, just like every season. But Floridians are resilient, and preparation is part of our way of life. Start now. Strengthen your home, your business, and your plan. Build your layers of safety before the first storm forms. If you need help building a plan, creating a checklist, or preparing your family or business, Tactical K Training is here to support you with practical, real‑world guidance.
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Convicted Felon Sentenced to 87 Months in Trafficking Nine Firearms, Including to Buyer Who Said He Was ‘At War’ Thursday, April 30, 2026 U.S. Attorney's Office, District of Columbia WASHINGTON - Brandon Smith, 34, a previously convicted felon residing in the District of Columbia, was sentenced today in U.S. District Court to 87 months in prison for conspiring to traffic at least nine firearms to a prohibited buyer over the course of six months, announced U.S. Attorney Jeanine Ferris Pirro. “Brandon Smith was already on supervised probation for a violent felony when he chose to traffic firearms, and he continued even after being told the buyer intended to use them for violence,” said U.S. Attorney Pirro. “Over the course of six months, he arranged the sale of at least nine guns—including one with an obliterated serial number—to a prohibited individual. This was not a momentary lapse in judgment, but a sustained and deliberate effort to arm someone who could not legally possess firearms. My office remains committed to holding accountable those who endanger our communities by trafficking illegal guns.” On Jan. 9, 2026, Smith pleaded guilty before Judge Howell to conspiracy to commit trafficking in firearms. In addition to the 87-month prison term, Judge Howell ordered Smith to serve three years of supervised release. Federal prosecutors had requested a 108-month prison term. According to court papers, beginning in November 2023, ATF opened an investigation after a confidential source reported that Smith, then on supervised probation for a violent felony, was actively advertising firearms for sale by texting photographs of guns to prospective buyers, including individuals with prior felony convictions. During the next six months, Smith sold or arranged the sale of nine firearms to a buyer on six separate occasions. During the transactions, Smith sold his own personal carry firearm on multiple occasions when a supplier failed to deliver, then purchased a replacement for himself afterward. In early January 2024, as Smith and the buyer discussed an upcoming transaction, the buyer told Smith he needed the firearms because he was “at war” after his cousin had been killed. Smith proceeded with the sale. The buyer had also told Smith he was serving a criminal justice sentence at the time of the transactions. Smith acknowledged that he, too, was “on papers.” Smith arranged a total of six transactions from Nov. 30, 2023, through May 30, 2024, resulting in the sale of nine firearms. At least one of the firearms had its serial number obliterated. On Oct. 26, 2024, MPD officers conducted a traffic stop on the 1600 block of 16th Street SE and found Smith in the front passenger seat of a parked vehicle. Officers observed open containers of alcohol and discovered a satchel at his feet. Inside the satchel, in plain view, was a loaded Glock Model 19X 9mm handgun with a round in the chamber and 16 additional rounds in the magazine. The bag also contained a bank card and government-issued identification in Smith’s name. Smith has prior convictions for Simple Assault (2011), Attempted Robbery (2013), and Robbery and Possession of a Firearm during a Crime of Violence (2016), for which he was sentenced to five years in prison. He was serving a term of supervised probation from the 2016 conviction at the time of the firearms trafficking conspiracy. This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Office, and the Metropolitan Police Department. The matter was prosecuted by Special Assistant U.S. Attorney Brendan M. Horan. Convicted Felon Sentenced to 87 Months in Trafficking
