Narrow Decision by Supreme Court Leaves Disappointment
The Supreme Court has made a significant decision regarding the definition of a 'firearm' under the federal Gun Control Act of 1968 (GCA) in the case of Bondi v. VanDerStok, which was decided in March. Contrary to media misrepresentation, the ruling did not uphold the legality of a Biden-era regulation banning 'ghost guns.'
In recent years, advancements in technology have expanded the market for self-made firearms. Products like the Polymer80, an unfinished pattern for a handgun frame, have made it possible for do-it-yourselfers to build firearms with common hand tools. However, these unfinished receiver patterns and parts kits containing them were not subject to the same regulations as commercially-made guns.
The plaintiffs challenged the Biden-era regulation under the Administrative Procedures Act (APA), arguing that it improperly included unfinished receiver patterns and parts kits containing them in the definition of 'firearm.' The district judge in the Northern District of Texas and the U.S. Court of Appeals for the Fifth Circuit granted the plaintiffs' request to 'set aside' the rule.
The Supreme Court, in an opinion by Justice Neil Gorsuch, held that unfinished receiver patterns like Polymer80 are considered 'frames' under the GCA's 'firearm' definition. As a result, the ruling now requires Polymer80s and their copies, and build kits containing these items, to be manufactured and sold as GCA-type 'firearms.'
The ruling ends their availability directly to the consumer via online or unlicensed sales. It is important to note that this decision does not ban the making of a firearm for one's own use, as there has never been a time in U.S. history where the federal government has enacted such a ban.
The ATF's most recent figures indicate that 'unlicensed making' was the 'trafficking channel' in only 3% of their firearm trafficking investigations from 2017 to 2021. The Biden administration appealed the Fifth Circuit ruling to the U.S. Supreme Court, but the Court's ruling stands as to Polymer80s and build kits that include them under the GCA itself.
The NRA has suggested that the Trump administration should repeal the Biden-era rule at issue in VanDerStok. If it does, the Court's ruling would continue to stand as to Polymer80s and build kits that include them under the GCA itself.
In conclusion, the Supreme Court's ruling in Bondi v. VanDerStok clarifies the definition of a 'firearm' under the GCA and extends the Act's reach to a narrow category of unfinished receiver patterns and parts kits. This decision does not ban the making of a firearm for one's own use and does not uphold the legality of a Biden-era regulation banning 'ghost guns.'
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