Episode 122. Defining a Firearm: The Frame or Receiver Rule at SCOTUS (Garland v. VanDerStok) episode artwork

EPISODE · Apr 29, 2024 · 17 MIN

Episode 122. Defining a Firearm: The Frame or Receiver Rule at SCOTUS (Garland v. VanDerStok)

from The Forge of Freedom · host Alex Ooley

Show Notes:   Episode 122. Defining a Firearm: The Frame or Receiver Rule at SCOTUS (Garland v. VanDerStok)   The United States Supreme Court has accepted a case called Garland v. VanDerStok, which challenges the administrative authority of the ATF. The case focuses on the definition of a firearm and specifically the frame or receiver rule. The ATF argues that incomplete frames or receivers, known as 80% lowers, are firearms because they may readily be converted. However, the Firearms Policy Coalition and the Second Amendment Foundation argue that the ATF is overstepping its authority and changing the law. The case is about limiting agency overreach and maintaining the separation of powers.     Chapters   00:00 Introduction and Case Overview 07:22 Ghost Guns and Unserialized Components 14:00 The Fifth Circuit's Opinion     Resources   Supreme Court Takes Up ATF’s Unilateral ‘Ghost Gun’ Rules https://reason.com/2024/04/24/supreme-court-takes-up-atfs-unilateral-ghost-gun-rules/   Garland v. VanDerStok - SCOTUSblog https://www.scotusblog.com/case-files/cases/garland-v-vanderstok-2/   Justices take up “ghost guns” case for next term - SCOTUSblog https://www.scotusblog.com/2024/04/justices-take-up-ghost-guns-case-for-next-term/   Supreme Court Takes Up FPC, FPCAF Lawsuit Challenging ATF’s “Frame or Receiver” Rule - Firearms Policy Coalition https://www.firearmspolicy.org/supreme-court-takes-up-fpc-fpcaf-lawsuit-challenging-atfs-frame-or-receiver-rule#gsc.tab=0   VanDerStok cert resp Final.pdf https://www.supremecourt.gov/DocketPDF/23/23-852/302555/20240307152938802_23-852%20VanDerStok%20cert%20resp%20Final.pdf   Definitions, 18 U.S.C. § 921 https://casetext.com/statute/united-states-code/title-18-crimes-and-criminal-procedure/part-i-crimes/chapter-44-firearms/section-921-definitions   Meaning of terms, 27 C.F.R. § 478.11 https://casetext.com/regulation/code-of-federal-regulations/title-27-alcohol-tobacco-products-and-firearms/chapter-ii-bureau-of-alcohol-tobacco-firearms-and-explosives-department-of-justice/subchapter-b-firearms-and-ammunition/part-478-commerce-in-firearms-and-ammunition/subpart-b-definitions/section-47811-meaning-of-terms   Definition of Frame or Receiver, 27 C.F.R. § 478.12 https://casetext.com/regulation/code-of-federal-regulations/title-27-alcohol-tobacco-products-and-firearms/chapter-ii-bureau-of-alcohol-tobacco-firearms-and-explosives-department-of-justice/subchapter-b-firearms-and-ammunition/part-478-commerce-in-firearms-and-ammunition/subpart-b-definitions/section-47812-definition-of-frame-or-receiver   Vanderstok v. Garland - Second Amendment Foundation https://saf.org/vanderstok-v-garland/   https://saf.org/supreme-court-grants-cert-in-saf-vanderstok-frames-receivers-case/   Garland v. Cargill - SCOTUSblog https://www.scotusblog.com/case-files/cases/garland-v-cargill/   United States v. Rahimi - SCOTUSblog https://www.scotusblog.com/case-files/cases/united-states-v-rahimi/   Loper Bright Enterprises v. Raimondo - SCOTUSblog https://www.scotusblog.com/case-files/cases/loper-bright-enterprises-v-raimondo/   The Supreme Court Accepts Another Opportunity to Box ATF In - YouTube https://www.youtube.com/watch?v=mGqobSI_mqw&t=392s   Ron Paul quote https://quotlr.com/images/quotes/BtPZn-pCQAAxKaF.jpg     Tags   #liberty #freedom #firearms #handguns #guns #2A #training #personalresponsibility #firstresponder #law #litigation #lawfare #selfdefense #ATF #agencyrulemaking #executivebranch #tyranny   DISCLAIMER: This podcast is for informational purposes only and should not be considered legal, medical, or financial advice. The views expressed in this podcast are those of the hosts and guests and do not necessarily reflect the views of any organizations or individuals they may mention. The hosts and guests are not liable for any damages that may result from someone listening to this podcast.

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Episode 122. Defining a Firearm: The Frame or Receiver Rule at SCOTUS (Garland v. VanDerStok)

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