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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

JENNIFER VANDERSTOK; 

MICHAEL G. ANDREN; 

TACTICAL MACHINING, LLC, a limited liability 

company; and 

FIREARMS POLICY COALITION, INC., a nonprofit 

corporation, 

 Plaintiffs, 

and 

BLACKHAWK MANUFACTURING GROUP INC. 

d/b/a 80 PERCENT ARMS, 

 Intervenor-Plaintiff, 

 v. 

MERRICK GARLAND, in his official capacity as 

Attorney General of the United States; 

UNITED STATES DEPARTMENT OF JUSTICE; 

STEVEN DETTELBACH, in his official capacity as 

Director of the Bureau of Alcohol, Tobacco, Firearms 

and Explosives; and 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS 

AND EXPLOSIVES, 

 Defendants. 

 Civil Action No. 4:22-cv-691-O 

BLACKHAWK MANUFACTURING GROUP INC. d/b/a 80 PERCENT ARMS’ 

MOTION FOR PRELIMINARY INJUNCTION 

Pursuant to Federal Rule of Civil Procedure 65, Northern District of Texas Local Civil 

Rule 7.1, and 5 U.S.C. § 705, Intervenor-Plaintiff BlackHawk Manufacturing Group Inc. d/b/a 80 

Percent Arms (collectively, as used herein, “BlackHawk”), through its undersigned counsel, move 

this honorable Court to enjoin the enforcement against BlackHawk of the provisions in 27 C.F.R. 

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§§ 478.11 and 478.12 that were determined to be unlawful by the Court’s Order dated September 

2, 2022, (ECF No. 56), and to issue a determination that BlackHawk is entitled to the injunctive 

relief granted by the Court in said September 2 Order and subsequently expanded in its Order dated 

October 1, 2022. (ECF No. 89). 

In support of this Motion, BlackHawk concurrently files a Brief in Support along with 

supporting documentation pursuant to Northern District of Texas Local Civil Rule 7.1(d). 

BlackHawk’s counsel has conferred with counsel for Defendants, who oppose the relief 

requested herein. 

BlackHawk is aware that the Court previously imposed an expedited briefing schedule for 

the Motion for Preliminary Injunction filed by the original Plaintiffs. Accordingly, counsel for 

BlackHawk and Defendants have discussed a similarly accelerated briefing schedule for the instant 

Motion. BlackHawk’s counsel proposed the following briefing schedule: seven (7) days for 

Defendants to file its opposition to the Motion based on the fact that similar issues have already 

been briefed and ruled on by the Court, and two (2) days for BlackHawk to file its reply. 

Defendants’ counsel indicated Defendants would be content with the same briefing schedule 

ordered by the Court on the original Plaintiffs’ motion for injunctive relief, i.e., twelve (12) days 

to file an opposition, and two (2) days for the moving party to reply. 

DATED this 20th day of October, 2022. 

Respectfully submitted, 

 

/s/ Brian D. Poe 

Brian D. Poe 

TX Bar No. 24056908 

BRIAN D. POE, ATTORNEY AT LAW PLLC 

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The Bryce Building 

909 Throckmorton Street 

Fort Worth, Texas 76102 

Phone: (817) 870-2022 

Fax: (817) 977-6501 

bpoe@bpoelaw.com 

Michael J. Sullivan 

Pro Hac Vice, MA Bar No. 487210

J. Christopher Amrhein, Jr. 

Pro Hac Vice, MA Bar No. 703170 

Nathan P. Brennan 

Pro Hac Vice, MN Bar No. 389954 

ASHCROFT LAW FIRM LLC 

200 State Street, 7th Floor 

Boston, MA 02109 

Phone: (617) 573-9400 

Fax: (617) 933-7607 

msullivan@ashcroftlawfirm.com 

camrhein@ashcroftlawfirm.com 

nbrennan@ashcroftlawfirm.com 

Counsel for Intervenor-Plaintiff BlackHawk 

Manufacturing Group Inc. d/b/a 80 Percent Arms 

CERTIFICATE OF SERVICE 

I hereby certify that, on October 20, 2022, a true and correct copy of the foregoing document was 

served via the Court’s CM/ECF system to all counsel of record. A courtesy copy was also emailed 

to Daniel Reiss and Martin Tomlinson with the U.S. Department of Justice, Civil Division, whom 

Intervenor-Plaintiff’s counsel emailed regarding this Motion and to ascertain Defendants’ position. 

/s/Brian D. Poe 

Brian D. Poe 

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CERTIFICATE OF CONFERENCE 

I hereby certify that, on October 19, 2022, Intervenor-Plaintiff’s counsel, Michael Sullivan, 

conferred with Defendants’ counsel, Daniel Reiss and Martin Tomlinson, via phone, who stated 

that Defendants oppose this Motion, and thereafter on October 19 and 20, 2022, by email, 

regarding the parties’ respective positions on a proposed expedited briefing schedule. 

/s/Brian D. Poe 

Brian D. Poe 

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