Staff Reports
The Supreme Court has made a ruling that allows the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) to enforce its “Frame or Receiver” rule, which is currently being litigated in the VanDerStok v. Garland case. This means that the rule can go into effect while further litigation takes place. This is a setback for Second Amendment advocates who oppose the rule.
The Firearms Policy Coalition (FPC) and FPC Action Foundation (FPCAF) expressed their disappointment with the Supreme Court’s decision. Cody J. Wisniewski, FPCAF’s General Counsel and Vice President of Legal, stated that they are confident that they will eventually defeat the BATFE and its “unlawful rule” when the case is reviewed by the Fifth Circuit. The plaintiffs in this case are Tactical Machining, LLC and FPC, with FPCAF representing them.
Ghost guns are a threat to our communities & law enforcement, and the SCOTUS ruling that allows the Biden admin to crack down on untraceable firearms is a victory.
We must work to get these unserialized firearms off the street to help keep people safe.https://t.co/IU3UVAPQpa— Rep. Mike Thompson (@RepThompson) August 8, 2023
The “Frame and Receiver” rule defines a “frame or receiver” as a partially complete, disassembled, or nonfunctional frame or receiver that can quickly and easily be made to function as a “frame or receiver”. It explicitly excludes raw materials such as metal blocks and liquid polymers. However, it remains unclear how the phrase “quickly and easily” should be interpreted. This rule is seen as nonsensical by those who understand firearms, as assembling a semi-automatic rifle is not a complex task.
While this ruling is a setback, the real action will come when the Fifth Circuit makes its ruling in September. It’s important to note that no matter what regulations the government puts in place, determined individuals will always find a way to obtain firearms. This ruling underscores the importance of protecting the Second Amendment rights of law-abiding citizens.
