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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; DEFENSE 

DISTRIBUTED; and SECOND AMENDMENT 

FOUNDATION, INC.,

 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 

INTERVENOR-PLAINTIFF BLACKHAWK MANUFACTURING GROUP INC. d/b/a 80 

PERCENT ARMS’ MOTION FOR SUMMARY JUDGMENT

Pursuant to Federal Rule of Civil Procedure 56, and Northern District of Texas Local Civil 

Rule 56.1-56.7, Intervenor-Plaintiff BlackHawk Manufacturing Group Inc. d/b/a 80 Percent Arms

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

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for summary judgment against Defendants Merrick Garland, United States Department of Justice, 

Steven Dettelbach, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (collectively, 

“Defendants”) on the following claims within their Intervenor Complaint, ECF No. 99. 

COUNTS

COUNT I – The Final Rule Exceeds Defendants’ Statutory Authority. The Definition of 

“Frame or Receiver” and Identification of Firearms (“Final Rule”), 87 Fed. Reg. 24,652, 24,667 

(Apr. 26, 2022) exceeds Defendants’ statutory authority in violation of the Administrative 

Procedures Act (“APA”), 5 U.S.C. § 706(2)(A) and § 706(2)(C). To the extent Count I remains 

appropriate for summary judgment, BlackHawk hereby incorporates its briefing submitted 

previously regarding the same. See ECF Nos. 99 and 134. 

COUNT II The Adoption of the Final Rule Violates the Separation of Powers 

COUNT III The Final Rule is Unconstitutionally Vague 

COUNT IV The Final Rule is Arbitrary, Capricious, and an Abuse of Discretion 

COUNT V The Final Rule Was Adopted Without Observance of Procedure Required 

by Law 

COUNT VI The Final Rule Violates the Nondelegation Doctrine 

COUNT VII The Final Rule is Contrary to Constitutional Right, Power, Privilege, or 

Immunity 

COUNT VIII The Final Rule’s Regulations on “Privately Made Firearms” Exceed the 

Limits of the Commerce Clause

COUNT IX The Final Rule Chills First Amendment Rights

COUNT X The Final Rule Effectuates a Regulatory Taking of “Privately Made 

 Firearms” Without Just Compensation 

BlackHawk submits that the matters required under Rule 56.3 are also set forth in the Brief, 

which is being filed concurrently with the present motion according to Local Rules 7.1 and 56.5. 

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BlackHawk’s Motion for Summary Judgment includes this Motion and Brief in Support, 

collectively. BlackHawk respectfully requests this Honorable Court enter judgment in their favor 

and grant the present Motion for Summary Judgment fully or in a way the Court deems proper. 

DATED this 23rd day of December, 2022. 

Respectfully submitted,

 

/s/ Brian D. Poe 

Brian D. Poe 

TX Bar No. 24056908 

BRIAN D. POE, ATTORNEY AT LAW PLLC

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

Nathan P. Brennan 

Pro Hac Vice, MN Bar No. 389954 

J. Christopher Amrhein, Jr. 

Pro Hac Vice, MA Bar No. 703170 

ASHCROFT LAW FIRM LLC

200 State Street, 7th Floor 

Boston, MA 02109 

Phone: (617) 573-9400 

Fax: (617) 933-7607 

msullivan@ashcroftlawfirm.com 

nbrennan@ashcroftlawfirm.com 

camrhein@ashcroftlawfirm.com

Counsel for Intervenor-Plaintiff BlackHawk 

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

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CERTIFICATE OF SERVICE

I hereby certify that, on December 23, 2022, a true and correct copy of the foregoing document 

was served via the Court’s CM/ECF system to all counsel of record. I certify that all participants 

in this case are registered CM/ECF users and service will be accomplished by this Court’s 

CM/ECF system.

/s/ Brian D. Poe 

Brian D. Poe 

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