The Supreme Court docket of the USA will hear oral arguments Tuesday in VanDerStock v. Garland, a case targeted on the ATF’s unilateral motion to redefine what constitutes a “firearm.”
The case revolves round ATF Remaining Rule 2021-05F, which positioned new controls on gun elements kits and firearms which Democrats describe as “ghost weapons.”
A central a part of this rule was redefining what the phrase “firearm” meant in order to designate “partially accomplished pistol frames” and different gun elements as “firearms.”
The ATF noticed:
Partially full Polymer80, Lone Wolf, and related pistol frames with any form of indexing or materials faraway from the entrance or rear fireplace management cavities for set up of the set off mechanism and sear, or slide rail attachments to attach the set off mechanism and sear to the body, have reached a stage of manufacture the place they “could readily be accomplished, assembled, restored, or in any other case transformed” to a useful body. As examined, they’re categorised as a “body” and in addition a “firearm,” as outlined within the GCA, 18 U.S.C. § 921(a)(3)(B), and implementing rules, 27 CFR 478.12(a)(1), (c). They’re categorised as firearms even when they aren’t bought, distributed, marketed, or possessed with any related templates, jigs, molds, tools, instruments, directions, or guides.
VanDerStok v. Garland factors to the Administrative Procedures Act in difficult the lawfulness of ATF’s redefinition of a “firearm.”
On Friday, June 14, 2024, SCOTUS struck down the ATF’s bump inventory ban, particularly noting {that a} bump inventory doesn’t convert semiautomatic rifles into “machineguns” because the ATF claimed. It’s price noting that the bump inventory ban, together with the varied different ATF guidelines issued over the last six to eight years, use the identical language and are structured in the identical trend.
AWR Hawkins is an award-winning Second Modification columnist for Breitbart Information and the author/curator of Down Vary with AWR Hawkins, a weekly e-newsletter targeted on all issues Second Modification, additionally for Breitbart Information. He’s the political analyst for Armed American Radio, a member of Gun House owners of America, a Pulsar Evening Imaginative and prescient pro-staffer, and the director of world advertising for Lone Star Hunts. He was a Visiting Fellow on the Russell Kirk Heart for Cultural Renewal in 2010 and has a Ph.D. in Army Historical past. Observe him on Instagram: @awr_hawkins. You may signal as much as get Down Vary at breitbart.com/downrange. Attain him immediately: awrhawkins@breitbart.com.