IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

JENNIFER VANDERSTOK, et al.,

Plaintiffs,

v.

MERRICK GARLAND, in his official

capacity as Attorney General of the United

States; et al.,

 Defendants.

Civil Action No. 4:22-cv-00691-O

DECLARATION OF DARREN PETERS, SR.

I, Darren Peters, Sr., declare under penalty of perjury, pursuant to 28 U.S.C.

§ 1746, that the following statements are true and correct to the best of my

knowledge:

1. I am over 18 years of age, competent to testify, and have personal

knowledge of the matters stated herein.

2. I am the Owner and Chief Executive Officer (“CEO”) of Tactical

Machining, LLC (“Tactical Machining”) and have held those positions since

Tactical Machining was founded in 2008.

3. Tactical Machining is headquartered in Florida but conducts business

by shipping its products to most states within the United States, including in Texas,

and in this District.

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4. Tactical Machining is a full-service machine shop that was created to

craft high-quality items for individuals to use in order to individually manufacture

their own AR-15 platform rifles. Tactical Machining now also provides parts that

can be used to manufacture and build other gun platforms.

5. The vast majority of Tactical Machining’s business, over 90%, consists

of producing and selling items that individuals can use to self-manufacture frames

or receivers and to build functioning firearms. These products require further

machining such as drilling the selector, trigger, and hammer holes, as well as milling

out the fire control pocket to convert them into a frame or receiver. Tactical

Machining does not sell any tooling, jigs, instructions, templates, guides, nor does it

provide any form of instruction on how to self-manufacture a firearm frame or

receiver from the items Tactical Machining sells.

6. Tactical Machining closely follows and ensures it is in compliance with

all regulations applicable to its business. For example, Tactical Machining has

diligently requested classification letters for every non-firearm object it sells.

Examples of such classification letters are attached as Exhibit 1.

7. Based upon classification letters Tactical Machining has received from

the ATF, guidance readily available on the ATF’s website, and my understanding of

federal law, none of the products produced and sold by Tactical Machining direct to

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consumers, marketed using the colloquial term 80% lowers, are frames or receivers

under federal law or under current regulation.

8. It is also my understanding that the ATF’s Final Rule, “Definition of a

‘Frame or Receiver’” (ATF Docket No. 2021R-05), will fundamentally change and

expand the ATF’s application of the definition of a “firearm,” potentially making

each of the ATF’s relevant classification determinations and Tactical Machining’s

prior classification letters inapplicable.

9. On, April 12, 2022, Tactical Machining requested a new classification

letter from the ATF, clarifying that a sample Tactical Machining had previously

submitted to the ATF, and received a non-firearm determination on, would still not

be considered a “frame or receiver” under the Final Rule. Tactical Machining printed

the letter and mailed it with a copy of the Proposed Rule, highlighting the portion

discussing jigs, Tactical Machining’s sample that was not considered a “firearm” by

the ATF in 2016, and a copy of the ATF’s classification letter to Tactical Machining

from 2016. A copy of Tactical Machining’s April 12, 2022 letter is attached as

Exhibit 2.

10. The ATF has not responded to Tactical Machining’s request.

11. If the Final Rule goes into effect, especially without any clarification

from the ATF, Tactical Machining may have to completely cease the direct sale of

objects the ATF previously determined were non-firearms, which sale comprises

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91.54% of Tactical Machining’s business. Complete cessation of those sales will

likely put Tactical Machining out of business.

12. Further, due to the uncertainly created by the Final Rule, at least one of

the freight companies Tactical Machining conducted business with for 8 years now

refusesto ship most of Tactical Machining’s products because the company isfearful

the parts may be considered firearms under the Final Rule once it takes effect,

subjecting the freight company to liability.

13. Similarly, the credit card processing company Tactical Machining uses

to process credit card orders and to obtain payment for its parts has threatened to

stop providing services to Tactical Machining. Tactical Machining does 95% of its

sales through credit card, without which Tactical Machining would likely go out of

business.

14. If the Final Rule takes effect, Tactical Machining’s business would

disintegrate. Tactical Machining would not be able to withstand the inability to

market the largest share of its products or the unavailability of shipping, processing,

or other business services for the months or perhaps longer that it would likely to for

this lawsuit to be resolved and/or for Tactical Machining to obtain new classification

letters from the ATF for all of its products.

15. Without the income from 91.54% of its products, Tactical Machining

would not be able to maintain its payroll or pay its other expenses.

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16. If the Final Rule takes effect, the negative impact to Tactical

Machining, its employees, and its customers, is expected to be immediate and

Tactical Machining would likely be put out of business in a matter of months.

DATED this ___th day of August, 2022.

Darren Peters, Sr.

Owner/CEO

Tactical Machining, LLC

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EXHIBIT 1

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EXHIBIT 2

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To: BATFE

From: James Jusick, Manager/FFL holder Tactical Machining LLC 

Re: Determination request for non-firearm partially competed receiver.

Date: 04/12/2022

Pursuant to the publication of your rule change, 27 CFR Parts 447, 478, and 479 Docket No. 2021R-05F; 

AG Order No. 5374-2022 RIN 1140-AA54 Definition of “Frame or Receiver” and Identification of 

Firearms, we are resubmitting a previously submitted partially completed receiver along with a copy of 

the prior determination letter from your agency dated 03/07/2016. The determination made at that 

time by FTISB that this submitted item is not a firearm as defined in the GCA

This is the same receiver that I previously submitted and represents the same product that we continue 

to manufacture. The rule changes indicate that your position on this product has not changed, see page 

59, attached. The rule change indicates that the product would need to be re submitted along with any 

tools, jigs, instructions etc that we offer our customers to complete the partially finished receiver, see 

page 60, attached. 

Tactical Machining does not currently offer any tooling, jigs, instructions, templates, guides or any form 

of instruction on how to complete a firearm receiver. 

Thank you,

James Jusick

Tactical Machining LLC

1241 Produce Alley

DeLand FL 32724

386 734-0905

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