The U.S. Supreme Court is scheduled to hear oral arguments on Tuesday. Vanderstock v. Garlanda lawsuit highlighting ATF's unilateral action to redefine what constitutes a “firearm.”
The lawsuit centers on ATF Final Rule 2021-05F, which creates new regulations for gun parts kits and firearms that Democrats refer to as “ghost guns.”
A central part of this rule was to redefine the meaning of the word “firearm” to designate “partially completed pistol frames” and other firearm parts as “firearms.”
ATF observed:
Partially completed Polymer 80, Lone Wolf, and similar pistol frames. Any kind of index or material has been removed from the front or rear fire control cavity for mounting the trigger mechanism and sear. Also included is a slide rail attachment to connect the trigger mechanism and sear to the frame. , has reached a stage of manufacture that “can be readily completed, assembled, restored, or otherwise converted” into a functional frame. Upon investigation, these are classified as “frames” and “firearms” as defined by the GCA, 18 USC § 921(a)(3)(B), and implementing regulations 27 CFR 478.12(a)(1). are also classified. ), (c). They are classified as firearms even if they are not sold, distributed, or sold with any associated templates, jigs, molds, equipment, tools, instructions, or guides.
Vanderstoke v. Garland It points to the Administrative Procedure Act, which challenges the legality of the ATF's redefinition of “firearm.”
On Friday, June 14, 2024, SCOTUS struck down ATF's ban on bump stocks, specifically noting that bump stocks do not turn semi-automatic rifles into “machine guns,” as ATF claimed. It is worth noting that the bump stock ban, like various other ATF regulations issued over the past six to eight years, uses the same language and is structured in the same way.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and also writes Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment for Breitbart News. He is also a writer and curator. He is a political analyst for Armed American Radio, a member of Gun Owners of America, a professional staff member for Pulsar Night Vision, and global marketing director for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and holds a Ph.D. in military history. Follow him on Instagram: @awr_hawkins. To get Down Range, you can sign up at breitbart.com/downrange. Contact him directly: awrhawkins@breitbart.com.
