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- The Final Rule exceeds ATF’s statutory authority under the plain
language of the Gun Control Act.
The Administrative Procedure Act requires courts to “hold unlawful and set aside agency
action, findings, and conclusions found to be . . . in excess of statutory jurisdiction, authority, or
limitations.” 5 U.S.C. § 706(2)(C). Plaintiffs argue the Final Rule exceeds ATF’s statutory
authority under the Gun Control Act in two ways. First, Plaintiffs argue that the Final Rule expands
ATF’s authority over parts that may be “readily converted” into frames or receivers, when
Congress limited ATF’s authority to “frames or receivers” as such. Second, Plaintiffs argue that
the Final Rule unlawfully treats weapon parts kits as firearms. Plaintiffs are likely to succeed on
both claims.