The Second Amendment Foundation and its partners in a case challenging the ATF’s “Final Rule” declaring frames and receivers to be regulated as firearms have submitted their respondents brief with the U.S. Supreme Court.
SAF is joined by Defense Distributed, Polymer 80, and Not an LLC (doing business as JSD Supply). The case is known as Garland v. VanDerStok and is on appeal from the Fifth U.S. Circuit Court of Appeals. SAF and its colleagues are represented by attorneys Charles R. Flores at Flores Law in Houston, Adam Kraut at the SAF headquarters in Bellevue, Wash., and Josh Blackman, also of Houston.
The Fifth Circuit Court ruled that ATF’s Final Rule is illegal because the new definition of a firearm exceeds the definition set by Congress. The Justice Department petitioned the Supreme Court for review, which was granted in April.
“Americans have always had the constitutional right to build personal firearms without government permission,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “But the Bureau of Alcohol, Tobacco, Firearms and Explosives impermissibly expanded what is encompassed by the term ‘firearm’ to include unfinished frames and receivers along with parts kits – regulating items that Congress explicitly chose not to regulate. As we note in our brief, this revised definition criminalizes wide swaths of traditional gun making activities.”
“This Rule could destroy what has been a traditionally lawful activity protected by the Second Amendment which the ATF has no right to regulate,” noted Kraut, who is also SAF’s executive director. “ATF has replaced a clear understanding of what constitutes a ‘firearm’ with a vague, indeterminate, multi-factor balancing test that befuddles even the most learned judges.”
The Supreme Court will convene for its new session on the first Monday of October.
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, SAF 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.
