Episode 122. Defining a Firearm: The Frame or Receiver Rule at SCOTUS (Garland v. VanDerStok)

Show Notes:

Episode 122. Defining a Firearm: The Frame or Receiver Rule at SCOTUS (Garland v. VanDerStok)

The United States Supreme Court has accepted a case called Garland v. VanDerStok, which challenges the administrative authority of the ATF. The case focuses on the definition of a firearm and specifically the frame or receiver rule. The ATF argues that incomplete frames or receivers, known as 80% lowers, are firearms because they may readily be converted. However, the Firearms Policy Coalition and the Second Amendment Foundation argue that the ATF is overstepping its authority and changing the law. The case is about limiting agency overreach and maintaining the separation of powers.

Chapters

00:00 Introduction and Case Overview
07:22 Ghost Guns and Unserialized Components
14:00 The Fifth Circuit's Opinion

Resources

Supreme Court Takes Up ATF’s Unilateral ‘Ghost Gun’ Rules
https://reason.com/2024/04/24/supreme-court-takes-up-atfs-unilateral-ghost-gun-rules/

Garland v. VanDerStok - SCOTUSblog
https://www.scotusblog.com/case-files/cases/garland-v-vanderstok-2/

Justices take up “ghost guns” case for next term - SCOTUSblog
https://www.scotusblog.com/2024/04/justices-take-up-ghost-guns-case-for-next-term/

Supreme Court Takes Up FPC, FPCAF Lawsuit Challenging ATF’s “Frame or Receiver” Rule - Firearms Policy Coalition
https://www.firearmspolicy.org/supreme-court-takes-up-fpc-fpcaf-lawsuit-challenging-atfs-frame-or-receiver-rule#gsc.tab=0

VanDerStok cert resp Final.pdf
https://www.supremecourt.gov/DocketPDF/23/23-852/302555/20240307152938802_23-852%20VanDerStok%20cert%20resp%20Final.pdf

Definitions, 18 U.S.C. § 921
https://casetext.com/statute/united-states-code/title-18-crimes-and-criminal-procedure/part-i-crimes/chapter-44-firearms/section-921-definitions

Meaning of terms, 27 C.F.R. § 478.11
https://casetext.com/regulation/code-of-federal-regulations/title-27-alcohol-tobacco-products-and-firearms/chapter-ii-bureau-of-alcohol-tobacco-firearms-and-explosives-department-of-justice/subchapter-b-firearms-and-ammunition/part-478-commerce-in-firearms-and-ammunition/subpart-b-definitions/section-47811-meaning-of-terms

Definition of Frame or Receiver, 27 C.F.R. § 478.12
https://casetext.com/regulation/code-of-federal-regulations/title-27-alcohol-tobacco-products-and-firearms/chapter-ii-bureau-of-alcohol-tobacco-firearms-and-explosives-department-of-justice/subchapter-b-firearms-and-ammunition/part-478-commerce-in-firearms-and-ammunition/subpart-b-definitions/section-47812-definition-of-frame-or-receiver

Vanderstok v. Garland - Second Amendment Foundation
https://saf.org/vanderstok-v-garland/

https://saf.org/supreme-court-grants-cert-in-saf-vanderstok-frames-receivers-case/

Garland v. Cargill - SCOTUSblog
https://www.scotusblog.com/case-files/cases/garland-v-cargill/

United States v. Rahimi - SCOTUSblog
https://www.scotusblog.com/case-files/cases/united-states-v-rahimi/

Loper Bright Enterprises v. Raimondo - SCOTUSblog
https://www.scotusblog.com/case-files/cases/loper-bright-enterprises-v-raimondo/

The Supreme Court Accepts Another Opportunity to Box ATF In - YouTube
https://www.youtube.com/watch?v=mGqobSI_mqw&t=392s

Ron Paul quote
https://quotlr.com/images/quotes/BtPZn-pCQAAxKaF.jpg

Keywords

United States Supreme Court, Garland v. Vanderstalk, administrative authority, ATF, frame or receiver rule, 80% lowers, Firearms Policy Coalition, Second Amendment Foundation, agency overreach, separation of powers

Takeaways

The case challenges the administrative authority of the ATF and focuses on the definition of a firearm.
The ATF argues that incomplete frames or receivers, known as 80% lowers, are firearms because they may readily be converted.
The Firearms Policy Coalition and the Second Amendment Foundation argue that the ATF is overstepping its authority and changing the law.
The case is about limiting agency overreach and maintaining the separation of powers.

Sound Bites

"The ATF in promulgating its final rule attempted to take on the mantle of Congress to, quote, do something, end quote, with respect to gun control."
"The final rule is limitless without qualification. It purports to regulate any piece of metal or plastic that has been machined beyond its primordial state for fear that it might one day be turned into a gun, a gun frame, or a gun receiver."
"May future generations look back on our work and say that these were men and women who, in a moment of great crisis, stood up to their politicians, the opinion makers, and the establishment, and saved their country."

Tags

#liberty
#freedom
#firearms
#handguns
#guns
#2A
#training
#personalresponsibility
#firstresponder
#law
#litigation
#lawfare
#selfdefense
#ATF
#agencyrulemaking
#executivebranch
#tyranny

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