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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, 

BLACKHAWK MANUFACTURING 

GROUP INC. d/b/a 80 PERCENT ARMS, 

Intervenor Plaintiff, 

DEFENSE DISTRIBUTED, and SECOND 

AMENDMENT FOUNDATION, INC., 

Intervenor Plaintiffs, 

and 

POLYMER80, INC., 

Applicant in Intervention, 

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. 

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Civil Action No. 

4:22-cv-00691-O 

POLYMER80, INC.’S MOTION TO INTERVENE 

 Polymer80, Inc. (“Polymer80”), hereby respectfully moves pursuant to Federal Rule of 

Civil Procedure 24 to intervene as a plaintiff in the above-captioned action for purposes of 

Case 4:22-cv-00691-O Document 157 Filed 01/09/23 Page 1 of 5 PageID 2895
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challenging on constitutional and administrative grounds the Final Rule at issue in this action, 

Definition of “Frame or Receiver” and Identification of Firearms, 87 Fed. Reg. 24,652 (Apr. 26, 

2022) (hereinafter “Final Rule”), the ATF’s Open Letter of December 27, 2022, Open Letter to All 

Firearms Licensees: Impact of Final Rule 2021-05F on Partially Complete Polymer80, Lone Wolf, 

and Similar Semiautomatic Pistol Frames, Bureau of Alcohol, Tobacco, Firearms and Explosives 

(Dec. 27, 2022) (hereinafter “Open Letter”), and the December 27, 2020 Letter to Mr. Loran Kelley 

(hereinafter the “Polymer80 Letter”) and to obtain declaratory and injunctive relief from 

enforcement of these administrative actions. 

 This Court should grant Polymer80’s exercise of its right to intervene in this action under 

Federal Rule of Civil Procedure 24(a)(2). Polymer80 has timely moved to intervene; Polymer80 

holds unique interests in prosecuting the constitutionality and lawfulness of the Final Rule, Open 

Letter, and Polymer80 Letter; if not allowed to intervene, Polymer80’s ability to protect those 

interests would be impaired and impeded; and Polymer80’s interests cannot be adequately 

protected by existing parties because Polymer80’s interests diverge from theirs in important ways. 

 Alternatively, this Court should exercise its discretion to allow Polymer80 to intervene 

permissively in this action under Federal Rule of Civil Procedure 24(b). Polymer80 has timely 

moved to intervene; Polymer80’s claims share common questions of law with the main action; and 

intervention will cause no undue delay or prejudice. 

 In support of this motion, Polymer80 contemporaneously files a Brief in Support of 

Polymer80, Inc.’s Motion to Intervene; a Proposed Complaint; and supporting exhibits, including 

the Open Letter and Polymer80 Letter, the Declaration of Loran L. Kelley Jr, and prior ATF 

classification letters. 

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Respectfully submitted, 

BRADLEY ARANT BOULT CUMMINGS LLP 

By: /s/ Dennis L. Daniels Jr. 

DENNIS L. DANIELS JR. 

Texas Bar No. 24107402 

dldaniels@bradley.com

3600 Fountain Place 

1445 Ross Avenue 

Dallas, Texas 75202 

Telephone (214) 257-9800 

Facsimile (214) 939-8787 

JAMES W. PORTER, III (pro hac vice forthcoming) 

jporter@bradley.com

MARC A. NARDONE (pro hac vice forthcoming) 

mnardone@bradley.com

BRADLEY ARANT BOULT CUMMINGS LLP 

1615 L Street NW 

Suite 1350 

Washington, D.C. 20036 

Telephone (202) 393-7150 

Facsimile (202) 347-1684 

ATTORNEYS FOR POLYMER80, INC. 

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CERTIFICATE OF SERVICE 

 I certify that on January 9, 2023, the foregoing document was served, via the Court’s 

CM/ECF Document Filing System, upon the registered CM/ECF users in this action. 

 /s/ Dennis L. Daniels 

 Dennis L. Daniels 

 

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CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1 

Undersigned counsel certifies that counsel for Polymer80 conferred with counsel for all 

other parties to this matter prior to filing this motion. The positions of the respective parties are 

detailed below: 

On January 6, 2023, Daniel Riess, counsel for the Defendants, stated in an email that 

“Defendants will oppose a motion by Polymer80 to intervene in VanDerStok v. Garland. 

Defendants will also oppose any motion for expedited briefing on an intervention motion, as the 

parties are presently engaged in summary judgment briefing.” 

On January 9, 2023, Cody Wisniewski, counsel for Jennifer VanDerStok, Michael G. 

Andren, Tactical Machining, LLC, and Firearms Policy Coalition, Inc., stated in an email that they 

oppose the motion to intervene, and requested their reasoning for doing so be quoted in full – 

“Plaintiffs expressed concern that intervention at this point, while summary judgment briefing is 

underway, is untimely, will result in the delay of the resolution of their claims on the merits, and 

will therefore cause prejudice to the Plaintiffs. Plaintiffs noted that they believe a separate but 

coordinated suit is the appropriate procedural mechanism for new parties to assert claims and 

obtain any injunctive relief related to the Final Rule.” 

On January 9, 2023, Chad Flores, counsel for Defense Distributed and Second Amendment 

Foundation, Inc., stated in an email that they do not oppose this motion. 

On January 9, 2023, Michael Sullivan, counsel for BlackHawk Manufacturing Group, Inc., 

informed counsel for Polymer80 by telephone that his client currently took no position on the 

motion, but reserved the right to respond to the motion in the future. 

/s/ Dennis L. Daniels Jr._____ 

Dennis L. Daniels Jr. 

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