BELLEVUE, Wash. — Oct. 7, 2024 — On Tuesday, Oct. 8, the U.S. Supreme Court docket will hear oral arguments in Second Modification Basis’s (SAF) problem to ATF’s regulation increasing what constitutes a “firearm.”
Arguments will start at 10 a.m. EST and shall be broadcast dwell right here.
SAF is joined within the case by Protection Distributed and Not an LLC (doing enterprise as JSD Provide). SAF and its companions are represented by attorneys Charles R. Flores and Josh Blackman of Houston, and SAF Government Director Adam Kraut.
In April 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) printed its Remaining Rule amending the regulatory definition of the time period “firearm” to embody precursor components that, with sufficient further manufacturing operations, would develop into useful firearms frames and receivers, however of their present state had been non-functional objects.
In searching for to control these “non-firearm objects” the ATF’s Remaining Rule straight contradicted Congress’ definition of “firearm” set forth within the Gun Management Act of 1968. The ATF’s re-definition of “firearm” within the Remaining Rule establishes a sensible ban on the non-public manufacture of firearms – a constitutionally protected custom.
In December 2022, SAF filed to intervene in an current lawsuit within the Northern District of Texas generally known as VanDerStok v. Garland. The case challenges the lawfulness of ATF’s regulatory re-definition of a “firearm” underneath the Administrative Procedures Act. SAF scored a serious victory within the Fifth Circuit Court docket of Appeals, which vacated vital parts of the Rule. The Biden Division of Justice now seeks to resurrect the rule earlier than the Supreme Court docket.
