The Davis Law Firm attorney Jason Davis has been a key figure in defending the rights of firearm businesses. Recently, Davis, along with the fantastic attorneys at Wiley Law played a crucial role in a landmark case involving Franklin Armory, challenging the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over regulatory overreach.
The lawsuit, Firearms Regulatory Accountability Coalition, Inc., and Franklin Armory, Inc. v. Merrick Garland et al. (Case No. 1:23-cv-00003), addressed the ATF’s reclassification of two Franklin Armory firearms: The Formation and The Antithesis. The Formation was reclassified from a GCA-only short-barreled shotgun to an NFA-regulated shotgun in 2023, while The Antithesis was classified as a short-barreled rifle in 2021. These changes imposed heavy regulatory burdens, including tax stamps and registration. The case also tackled the ATF’s failure to create procedures for GCA-only weapons since 2017, causing significant delays.
On February 18, 2025, the U.S. District Court for the District of North Dakota ruled in favor of Franklin Armory, vacating the reclassifications and ordering the ATF to establish procedures for GCA-only weapons within 180 days. Jason Davis, as Franklin Armory’s Corporate Counsel, played a key role in all prelitigation communication, product legal analysis, and litigation strategy for this legal challenge, leveraging his expertise to navigate the complex regulatory landscape.
This ruling is a major win for the firearm industry, limiting the ATF’s ability to arbitrarily reclassify firearms and providing greater certainty for manufacturers. It sets a precedent that could influence future regulatory challenges, ensuring agencies adhere to statutory definitions.
The case, titled Firearms Regulatory Accountability Coalition, Inc., and Franklin Armory, Inc. v. Merrick Garland et al. (Case No. 1:23-cv-00003), was filed in the United States District Court for the District of North Dakota. It arose from disputes over the classification of two specific firearms manufactured by Franklin Armory: The Formation and The Antithesis. These classifications, governed by the Gun Control Act (GCA) and the National Firearms Act (NFA), determine whether firearms are subject to stringent regulations, including taxation and registration.
The ATF, responsible for enforcing these laws, initially classified The Formation in 2018 as a GCA-only short-barreled shotgun, meaning it was not subject to NFA regulations. However, in 2023, the ATF reclassified it as an NFA-regulated shotgun, arguing that the distinction between GCA and NFA definitions was not intended by Congress. Similarly, The Antithesis, capable of firing both rifle cartridges and shotgun shells, was classified as a short-barreled rifle under both GCA and NFA in 2021, imposing additional regulatory requirements.
Franklin Armory, along with the Firearms Regulatory Accountability Coalition (FRAC), challenged these classifications, arguing they were arbitrary, capricious, and exceeded statutory authority under the Administrative Procedure Act (APA). The case also addressed the ATF’s failure to develop procedures for GCA-only firearms, stalled since 2020, which was deemed an unreasonable delay.
On February 18, 2025, Judge Daniel M. Traynor issued a Summary Judgment Order, granting the plaintiffs’ motion and denying the ATF’s. The ruling, detailed in the court document (CourtListener Docket), included the following key findings:
| Issue | Court’s Decision |
|---|---|
| The Formation Reclassification | Vacated the 2023 NFA classification, reinstating the 2018 GCA-only classification, finding ATF’s redefinition of “smooth bore” contrary to statute. |
| The Antithesis Classification | Vacated the classification as a short-barreled rifle, leaving it unclassified, as it did not meet the statutory definition for rifles. |
| Regulatory Delay | Ordered ATF to create procedures for GCA-only weapons within 180 days, addressing unreasonable delay under APA. |
The court’s decision relied on the principle that agencies cannot legislate but must enforce laws as written by Congress, rejecting ATF’s claims for deference based on Loper Bright Enterprises v. Raimondo. This ruling underscored the separation of powers, emphasizing judicial interpretation over agency discretion.
The ruling has far-reaching implications for the firearm industry, as detailed in news articles such as AmmoLand’s coverage. It limits the ATF’s ability to arbitrarily reclassify firearms, which can impose significant legal and financial burdens on manufacturers. For instance, NFA classifications require tax stamps and registration, potentially affecting sales and operations.
This case provides greater regulatory certainty, reducing the risk of sudden changes that could disrupt business models. It also sets a precedent for future challenges against agency overreach, potentially influencing how the ATF and other agencies interpret firearm laws. The order to develop procedures for GCA-only weapons within 180 days ensures a more transparent regulatory process, benefiting industry stakeholders.
The Davis Law Firm’s success in this case highlights its expertise in firearms law, making it an attractive choice for firearm businesses. The firm’s services, as outlined on their website (The Davis Law Firm), include ATF and DOJ inspections, permit and license assistance, and litigation support. Jason Davis’s track record, including this victory, demonstrates the firm’s capability to handle complex regulatory and legal challenges.
This case represents a significant legal victory for Franklin Armory and FRAC. The ruling’s impact on limiting ATF overreach and ensuring regulatory clarity is crucial for the firearm industry, encouraging businesses to seek representation from firms with proven success in this arena.