Supreme Court Let’s Biden’s Frame, Receiver Rule Stand…

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Supreme Court Says…

On Tuesday, the U.S. Supreme Court decided to let the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) “Frame or Receiver Final Rule” stay in effect. The decision came with a close 5-4 vote.

Previously, the Fifth Circuit believed the rule might be unconstitutional. But the Supreme Court’s recent decision means the rule can be enforced for now. The case is still ongoing in the courts.

The Second Amendment Foundation (SAF) has joined the case, named VanDerStok v. Garland, as a plaintiff. This stay will continue until the case’s final resolution. If the case moves to the Supreme Court and they agree to hear it, the stay remains.

Adam Kraut, SAF Executive Director, shared his disappointment but remains hopeful.

SAF Responds

“While we are disappointed that the Government’s final rule remains in effect pending the outcome of our appeal,” said Kraut, “we remain optimistic that we will ultimately prevail. We believe the district court’s rationale, striking down the final rule, was legally sound and we look forward to defending our position on appeal.”

Alan M. Gottlieb, SAF’s Executive Vice President, clarified the situation.

“The Supreme Court, in issuing its ruling, did not address the merits of the case,” Gottlieb noted. “They only said the stay will remain in effect pending the appeal now before the Fifth Circuit, and disposition of a writ of certiorari, if such a writ is timely sought. 

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“Now that the Fifth Circuit can actually rule on the merits of this case,” Gottlieb added, “we expect a very favorable ruling.”

Oral arguments in the case are scheduled for Thursday, Sept. 7. Kraut said this signals the case “is going to move quickly.”

History of Frame or Receiver Rule

In April of 2022, Biden’s Attorney General signed a new rule that reclassified certain unfinished firearm parts and kits as “firearms.”

The rule now requires manufacturers and sellers of homemade firearms “kits” to obtain a federal firearms license and conduct background checks on all sales, among other regulations.

It also requires gun dealers to serialize all firearms they obtain, redefine the term “frame or receiver” to incorporate split-receiver firearms like the AR-15, and force gun dealers to retain all gun sale records and turn them over to the ATF when they go out of business.

Everytown Response

Everytown for Gun Safety and Moms Demand Action praised the Supreme Court’s decision to uphold the Biden rule.

John Feinblatt, President of Everytown, emphasized that such products should be regulated.

“Americans across the country will be safer thanks to the Supreme Court’s decision today to keep ATF’s life-saving ghost guns rule in effect while the appeals process plays out,” said Feinblatt.

“When a weapon looks like a gun, shoots like a gun, and kills like a gun, there’s no doubt it should be regulated like a gun,” he continued. “Now, all eyes are on the lower courts to side with public safety and keep this rule on the books.”

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