[23-852] Garland v. VanDerStok

Garland v. VanDerStok

Wikipedia · Justia · Docket · oyez.org

Argued on Oct 8, 2024.

Petitioner: Merrick B. Garland.
Respondent: Jennifer VanDerStok.

Advocates:

• Elizabeth B. Prelogar (for the Petitioners)
• Peter A. Patterson (for the Respondents)

Facts of the case (from oyez.org)

ATF, created in 1972, is responsible for regulating firearms under the Gun Control Act of 1968 (GCA). The GCA requires federal firearms licensees (FFLs) to conduct background checks, record firearm transfers, and serialize firearms when selling or transferring them. The GCA’s regulation of firearms is based on the definition of “firearm,” which includes the “frame or receiver.” However, ATF’s 1978 definition of “frame or receiver” became outdated due to changes in modern firearm design, such as the AR-15 and Glock pistols. Furthermore, the rise of privately made firearms (PMFs) or “ghost guns” posed challenges to law enforcement because they were not regulated under the GCA and did not require serialization. In response, ATF issued a Final Rule in 2022, updating the definitions of “frame,” “receiver,” and “firearm” to better capture modern firearm designs and regulate PMFs. The Final Rule took effect on August 24, 2022.

The respondents in this case challenged the Final Rule’s redefinition of “frame or receiver” and “firearm,” arguing that it exceeded ATF’s congressionally mandated authority. The district court granted summary judgment to the plaintiffs and vacated the Final Rule in its entirety. The U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s determination that the two provisions exceeded ATF’s statutory authority.

Question

Did the ATF exceed its statutory authority in promulgating its Final Rule purporting to regulate so-called “ghost guns”?