Garland v. VanDerStok (Docket No. 23-852) is a pending United States Supreme Court case regarding the 2021 Bureau of Alcohol Tobacco and Firearms (ATF) regulatory revisions of the Gun Control Act of 1986's definitions of firearm, firearm frame, and receiver.[1] On June 30, 2023, federal District Court Judge Reed O'Connor granted a motion for summary judgment against the ATF, vacating the receiver rule nationwide on the grounds that the agency had exceeded its statutory authority.[2][better source needed]
| Garland v. VanDerStok | |
|---|---|
 | |
| Argued October 8, 2024 | |
| Full case name | Merrick B. Garland, Attorney General, et al. v. Jennifer VanDerStok, et al. |
| Docket no. | 23-852 |
| Case history | |
| Prior | |
| Court membership | |
| |
| Laws applied | |
| Gun Control Act of 1968 | |
On August 8, 2023, the Supreme Court of the United States issued a stay of Judge O'Connor's nationwide vacatur while the case was on appeal before the Fifth Circuit Court of Appeals.[3] On October 2, 2023, the Fifth Circuit upheld that order, leading the Supreme Court to reissue its stay pending its appeal.[4][5] On April 22, 2024, the Supreme Court of the United States announced it would take up the full case, hearing oral arguments on October 8, 2024.[6][7]
History
editIn August 2022, Jennifer VanDerStok, Tactical Machining, the Mountain States Legal Foundation, and the Firearms Policy Coalition sued to block enforcement of the Gun Control Act on homemade firearms (also known as "ghost guns") made from a weapon parts kit.[2] Between September 2022 and January 2023, Blackhawk Manufacturing Group, Defense Distributed, the Second Amendment Foundation, JSD Supply, and Polymer80 filed motions to intervene based on their unique interests in the case.[8]
The plaintiffs argued that the ATF's 2021 regulations applying provisions of the Gun Control Act violated the Second Amendment and Administrative Procedure Act.[9][better source needed] Over the course of six months, Judge O'Connor granted partial injunctive relief to many of the plaintiffs before ultimately deciding cross-motions for summary judgment against the ATF, striking down the agency's final rule. The ATF appealed O'Connor's orders to the Fifth Circuit Court of Appeals, but the Fifth Circuit upheld the injunction.[10][better source needed] After both the District Court ruling and Fifth Circuit appeal, the Supreme Court has issued stays pending appeal to delay a nationwide injunction on the ATF's regulations until it decides the case.[11][12][13]
Supreme Court
editOral arguments
editDuring oral arguments held on October 8, 2024, Solicitor General Elizabeth Prelogar highlighted that the Gun Control Act's serial numbering, record-keeping, and background check requirements must be uniformly applied to all firearm sales to support investigations of gun crimes and deny firearm possession to minors, felons, and domestic abusers. In her view, the ATF's regulation interpreting the Gun Control Act to cover easy-to-assemble weapon parts kits as firearms was consistent with prior regulations that similarly analyzed the assembly time, requisite skill, and availability of additional components in classifying frames and receivers. Associate Justice Amy Coney Barrett agreed with Prelogar's position, noting that while ghost guns are a recent phenomenon, the Gun Control Act was enacted with the intent to regulate grenades and machine guns that were typically purchased as their component parts.[14]
Citing the Supreme Court's 1991 decision in INS v. National Center for Immigrants' Rights, Justice Sonia Sotomayor highlighted that this case's facial pre-enforcement challenge would require the plaintiffs to show that the ATF's regulation deviated from the Gun Control Act's statutory text, rather than simply identifying a product that would be improperly covered under the new regulation. Sotomayor further noted that since the Gun Control Act specifically stakes its authority over starting pistols designed to fire blank cartridges, weapon parts kits similarly qualify for regulation because of their capacity to be readily converted into a working firearm.[7]
Prelogar cited the Supreme Court's 2014 decision in Abramski v. United States, which held that the Gun Control Act's statutorily ambiguous provisions should be interpreted in ways that do not circumvent its purpose of regulating access to firearms. In his opposing argument, Peter A. Patterson rebutted that Congress' decision to not regulate the secondary market of resold firearms, despite its larger role in criminals acquiring weapons, makes that case's anti-circumvention principle an insufficient defense for this regulation on weapon parts kits.[14]
Patterson advocated for returning to the ATF's prior "critical machining test," which evaluates whether the purchaser must use tools to further modify the frame or receiver before it becomes usable in a firearm. However, most of the justices explicitly rejected this proposal on the basis that agencies are not required to adopt de minimis regulatory interpretations of statutes.[15] In response to questioning on the appeal of weapon parts sold one drilling hole away from assembling a firearm, Patterson claimed that requiring the purchaser to use tools catered to a hobbyist market, which Prelogar rejected because the marketing for these products has focused on their untraceability.[16]
Justice Ketanji Brown Jackson noted that in applying the Supreme Court's 2024 decision in Loper Bright Enterprises v. Raimondo, which ended Chevron deference to agency interpretations of statutes, courts should only judge whether the agency has acted within its statutory authority, not whether the regulation's scope matches the judge's statutory interpretation.[17]
References
edit- ^ "Federal Judge Grants Preliminary Injunction In VanDerStok Case". SAF.org. Second Amendment Foundation. March 3, 2023. Retrieved July 2, 2023.
- ^ a b Dan Zimmerman (July 1, 2023). "Federal Judge Throws Out ATF's Frame or Receiver Rule That Redefined What Constitutes a Firearm". TTAG.com. TTAG. Retrieved July 2, 2023.
- ^ Liptak, Adam (August 8, 2023). "By 5-4 Vote, Supreme Court Revives Biden's Regulation of 'Ghost Guns'". The New York Times.
- ^ "Fifth Circuit Narrows but Upholds Ruling Blocking Biden 'Ghost Gun' Ban". The Reload. October 3, 2023. Retrieved June 27, 2024.
- ^ Hurley, Lawrence (October 16, 2023). "Supreme Court again allows enforcement of Biden 'ghost guns' regulation". NBC News. Retrieved June 27, 2024.
- ^ "ORDER LIST: 601 U.S." (PDF). Supreme Court of the United States. April 22, 2024.
- ^ a b Millhiser, Ian (October 1, 2024). "The Supreme Court Will Decide Whether to Let Criminals Get Guns Without a Background Check". Vox. Retrieved October 1, 2024.
- ^ "VanDerStok v. Garland - FPC Lawsuit Challenging the ATF's "Frame or Receiver" Rule". Firearms Policy Coalition. Retrieved October 1, 2024.
- ^ Dan Zimmerman (March 3, 2023). "Federal Judge Grants Injunction Blocking Enforcement of ATF's Frame or Receiver Rule". The Truth About Guns. Retrieved July 2, 2023.
- ^ "Fifth Circuit Court of Appeals Doubles Down on its Extreme, But Futile, Decision to Invalidate ATF's Life-Saving Ghost Gun Rule, Everytown Responds". Everytown. Retrieved June 27, 2024.
- ^ Hurley, Lawrence (August 8, 2023). "Supreme Court Allows Biden to Regulate 'Ghost Guns'". NBC News.
- ^ Liptak, Adam (October 16, 2023). "Supreme Court Again Lets Biden's Limits on 'Ghost Guns' Stand". The New York Times. ISSN 0362-4331. Retrieved June 27, 2024.
- ^ Millhiser, Ian (October 17, 2023). "The Supreme Court's Very Brief, Very Revealing New Decision About Guns, Explained". Vox. Retrieved June 27, 2024.
- ^ a b "Garland v. VanDerStok Oral Argument". C-SPAN. October 8, 2024. Retrieved October 10, 2024.
- ^ Sullum, Jacob (October 8, 2024). "Most Justices Seem Inclined to Uphold the ATF's New Restrictions on Homemade Firearms". Reason. Retrieved October 10, 2024.
- ^ Millhiser, Ian (October 8, 2024). "The Supreme Court Appears to Have Found a Gun Regulation It Actually Likes". Vox. Retrieved October 10, 2024.
- ^ Smith, Zach; Fitzhenry, Jack (October 9, 2024). "Ghost Guns at SCOTUS: The ATF Once Again Seeks an Expansive View of Its Own Authority". The Daily Signal. Retrieved October 10, 2024.
Sources
edit- District Court Ruling, "Jennifer VanDerStok et. al. v. Merrick Garland et. al. 1:15-cv-00372-RP (W.D. Tex.)" (PDF). June 30, 2023. Retrieved July 2, 2023.