SCOTUS to Hear Oral Arguments in VanDerStok Gun Ban Case Oct. 8

On Tuesday, Oct. 8, the U.S. Supreme Court will hear oral arguments in the Second Amendment Foundation’s (SAF) challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) regulation expanding what constitutes a “firearm.”

Arguments in VanDerStok v. Garland will begin at 11 a.m. EST and will be broadcast live here.

SAF is joined in the case by Defense Distributed and Not an LLC (doing business as JSD Supply). SAF and its partners are represented by attorneys Charles R. Flores and Josh Blackman of Houston, as well as SAF Executive Director Adam Kraut.

In April 2022, the ATF published its Final Rule amending the regulatory definition of the term “firearm” to encompass precursor parts that, with enough additional manufacturing operations, would become functional firearms frames and receivers, but in their current state were non-functional objects.

In seeking to regulate these “non-firearm objects” the ATF’s Final Rule directly contradicted Congress’ definition of “firearm” set forth in the Gun Control Act of 1968. The ATF’s re-definition of “firearm” in the Final Rule establishes a practical ban on the private manufacture of firearms – a constitutionally protected tradition.

In December 2022, SAF filed to intervene in an existing lawsuit in the Northern District of Texas known as VanDerStok v. Garland. The case challenges the lawfulness of ATF’s regulatory re-definition of a “firearm” under the Administrative Procedures Act. SAF scored a major victory in the Fifth Circuit Court of Appeals, which vacated significant portions of the Rule. The Biden Department of Justice now seeks to resurrect the rule before the Supreme Court.

For more information about the case, visit saf.org. To listen to the arguments live, click here or follow SAF’s X page for live updates.

Second Amendment Foundation

The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.