BELLEVUE, WA – The U.S. Supreme Court has granted the petition for a writ of certiorari in the case of Garland v. VanDerStok, which challenges the Bureau of Alcohol, Tobacco, Firearms and Explosives’ “Final Rule” which considers frames and receivers to be firearms.

The case dates back to April 2022 when the ATF published its “Final Rule” changing the regulatory definition of the term “firearm,” to encompass objects which are not firearms, along with firearms parts kits, in direct contradiction of Congress’ definition of those terms found in the Gun Control Act of 1968. In December 2022, the Second Amendment Foundation and Defense Distributed filed an intervenor’s complaint in an existing lawsuit being litigated in the Northern District of Texas.

“We are delighted that the Court has agreed to hear our challenge to ATF’s frames and receivers ‘Final Rule’,” said SAF Executive Director Adam Kraut. “ATF has continuously exceeded its constitutional authority and violated the separation of powers by creating law – a job reserved exclusively for Congress. It is time for the Supreme Court to remind ATF that it may not do so and affirm the judgment of the Fifth Circuit.”

“This case typifies the Biden administration’s war on the Second Amendment,” added SAF founder and Executive Vice President Alan M. Gottlieb. “Clearly under Joe Biden, the ATF has unilaterally set itself up as the sole authority on firearms regulation, bypassing Congress and arbitrarily changing long-standing regulations to suit the administration’s anti-gun agenda.” Read more

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sent the following notice this afternoon regarding firearm storage at FFLs. Please review the notice in its entirety.

From ATF:

On April 10, 2024, the Attorney General signed ATF’s final rule, Definition of “Engaged in the Business” as a Dealer in Firearms, amending ATF’s regulations in title 27, Code of Federal Regulations (“CFR”), part 478. The final rule implements the provisions of the Bipartisan Safer Communities Act (“BSCA,” effective June 25, 2022), which broadened the definition of when a person is considered “engaged in the business” as a dealer in firearms (other than a gunsmith or pawnbroker). The Final Rule clarifies that definition.

This final rule incorporates BSCA’s definitions of “predominantly earn a profit” and “terrorism,” and amends the regulatory definitions of “engaged in the business as a dealer other than a gunsmith or pawnbroker” and “principal objective of livelihood and profit” to ensure each conforms with the BSCA’s statutory changes and can be relied upon by the public.

The final rule clarifies when a person is “engaged in the business” as a dealer in firearms at wholesale or retail by: Read more

Plaintiffs in a federal challenge of the Illinois Public Transit carry ban have filed a brief in support of their earlier motion for summary judgment in the case, which is financially supported by the Second Amendment Foundation.

The case is known as Schoenthal v. Raoul and is currently in U.S. District Court for the Northern District of Illinois, Western Division. Plaintiffs are Benjamin Schoenthal, Mark Wroblewski, Joseph Vesel, and Douglas Winston. They are represented by attorney David G. Sigale of Lombard, Ill. The defendants are Attorney General Kwame Raoul and State’s Attorneys Rick Amato (DeKalb County), Robert Berlin (DuPage County), Kimberly M. Foxx (Cook County) and Eric Rinehart (Lake County), all in their official capacities.

“As noted in the brief,” said SAF founder and Executive Vice President Alan M. Gottlieb, “this case asserts the Illinois Public Transportation carry ban cannot stand unless it is consistent with the historical tradition of firearms regulation at the time of the ratification of the right to keep and bear arms. It is abundantly clear the defendants can’t provide such information, and in their response, they have failed to offer any Founding-era evidence supporting the ban.” Read more

The rule… is almost certain to be challenged in federal court.

The Biden administration’s new rule to expand background check requirements for private gun sales amounts to another attack on America’s gun owners, the Second Amendment Foundation said in response.

“This is a continuation of the Biden war on guns,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It is another attempt to get around Congress to make new laws without congressional approval.”

The White House contends this rule is intended to close the so-called “gun show loophole” and the related “online sale loophole.”

“The president is claiming this will keep guns out of the hands of felons, and he knows better,” Gottlieb said. “If history has taught us anything, it would be that criminals do not obtain the guns they use through legitimate channels, and that gun control laws have never prevented criminals from obtaining a firearm. All this rule will accomplish is to place yet another burden on honest citizens wanting to exercise their Second Amendment rights.

“Even more troublesome,” added SAF Executive Director Adam Kraut, “is the potential for abuse by Biden’s weaponized ATF against private citizens legally selling their personal firearms collections or family heirlooms.”

Research done by the federal Bureau of Justice Statistics has repeatedly found that gun shows are responsible for less than one percent (0.8%) of guns used by criminals convicted of crimes involving firearms.

The rule takes effect in 30 days. It is almost certain to be challenged in federal court.

The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

BELLEVUE, WA –– Washington Attorney General Bob Ferguson is playing fast and loose with the facts when he claims every court across the country has “either rejected or overturned” legal challenges against magazine bans, the Second Amendment Foundation said in response.

“A federal court in California declared that state’s magazine ban to be unconstitutional,” said SAF founder and Executive Vice President Alan M. Gottlieb. “That ruling was stayed, and the order has been appealed to the 9th US Circuit Court of Appeals, but it has yet to be overruled. Washington is in the 9th Circuit.”

Likewise, he noted, Oregon Measure 114—an extremist gun control law passed by voters two years ago, which contained a magazine ban—was also declared unconstitutional by a circuit court judge. That ruling has been appealed to the Oregon Supreme Court, but Gottlieb said the judge’s decision has also not been overruled

“We’re not sure why the media allows Ferguson to get away with such statements without some fact-checking,” Gottlieb questioned. Read more

The Third U.S. Circuit Court of Appeals has denied a petition for a rehearing in the Second Amendment Foundation’s victory in a case challenging Pennsylvania statutes that prohibit law-abiding young adults from carrying firearms for self-defense and prevents them from acquiring a state license to carry (LTCF) because of their age. The case is known as Lara v. Evanchick.

The petition for an en banc rehearing had been filed by attorneys representing the Commissioner of the Pennsylvania State Police. SAF is joined in the case by the Firearms Policy Coalition and three private citizens, including Madison M. Lara, for whom the case is named. They are represented by attorneys David H. Thompson, Peter A. Patterson and John D. Ohlendorf at Cooper & Kirk, Washington, D.C.

Writing for the majority, Circuit Judge Kent A. Jordan explained, “The petition for rehearing filed by appellant in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the panel and the Court en banc, is DENIED.” Read more

NSSF®, The Firearm Industry Trade Association, celebrates Kentucky House Bill 357, informally called the Second Amendment Privacy Act, passing into law. This NSSF-supported law protects the privacy and sensitive financial information of people purchasing firearms and ammunition in Kentucky. The law was passed with an overwhelming majority by the Commonwealth’s General Assembly.

The law prohibits financial institutions from requiring the use of a firearm code, also known as a Merchant Category Code (MCC), from being assigned to designate firearm and ammunition purchases at retail when using a credit card. The law also forbids discriminating against a firearm retailer as a result of the assigned or non-assignment of a firearm code and disclosing protected financial information. Additionally, the law prohibits keeping or causing to be kept any list, record or registry of private firearm ownership. The law was sponsored by Kentucky state Reps. Derek Lewis and Michael Meredith, as well as state Sen. Jason Howell. Read more

BELLEVUE, WA – The Second Amendment Foundation and its allies in a federal lawsuit against New Mexico Gov. Michelle Lujan Grisham’s prohibition of lawful carrying of arms in Albuquerque and surrounding Bernalillo County have filed an appellants reply brief with the 10th U.S. Circuit Court of Appeals.

The case is known as Fort v. Grisham, and is part of a consolidation of cases all challenging the governor’s arbitrary carry ban announced last year. SAF is joined by the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, for whom the case is named. They are represented by attorneys Jordon P. George at Aragon Moss George Jenkins in Albuquerque, and David H. Thompson, Peter A. Patterson and Kate Hardiman at Cooper & Kirk in Washington, D.C. Read more