By Dave Workman
Editor-in-Chief
The U.S. Supreme Court on Monday granted certiorari in the case of the “Finale Rule” on frames, receivers and parts kits announced by the Bureau of Alcohol, Tobacco, Firearms and Explosives in April 2022, and subsequently challenged by several entities including the Second Amendment Foundation.
The case is known as Garland v. VanDerStok. It has been described as a case about so-called “ghost guns” built without serial numbers, but the issue is far deeper. It is really about the ATF’s alleged violation of the Administrative Procedures Act (APA), and usurping the authority of Congress.
In a statement from SAF, Executive Director Adam Kraut hailed the announcement.
“We are delighted that the Court has agreed to hear our challenge to ATF’s frames and receivers Final Rule,” Kraut said. “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.”
SAF was joined in its intervenor complaint by Defense Distributed, a Texas-based firm. In their original complaint, they stated, “To comply with the Second Amendment,” the complaint alleged, “the promulgating agencies needed to jettison balancing tests and consider only whether their regulation is ‘consistent with this Nation’s historical tradition of firearm regulation.’ Yet because that did not happen—itself a key APA violation—it is no surprise that the new Final Rule tramples true historical traditions.”
The Associated Press is reporting that arguments in the case “won’t take place before fall.” That could push a ruling back to possibly June of 2025.
According to SCOTUS Blog, “A federal district judge in Texas invalidated the rule and entered a national injunction against it. By a 5-4 vote, the Supreme Court then stayed the order pending resolution of an appeal to the U.S. Court of Appeals for the 5th Circuit and any cert. petition; Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh voted to deny the stay.”
For more than a half-century, since passage of the Gun Control Act of 1968, the ATF did not consider parts kits or unfinished frames and/or receivers to be firearms. But that changed 15 months into the Biden administration.
“This case typifies the Biden administration’s war on the Second Amendment,” said SAF founder and Executive Vice President Alan 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.”
As noted by NBC News, after the high court granted the stay while the trial moved forward, the 5th U.S. Circuit Court of Appeals “mostly ruled for the challengers.”
“Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will,” the Circuit Court ruled.
The Biden administration does not want to lose this case, which is not actually a Second Amendment case, but has considerable bearing on how far the government can go to regulate firearms without violating the right to keep and bear arms.
