Oral Argument: Bondi, Att'y Gen. v. VanDerStok | Case No. 23-852 | Date Argued: 10/8/24 episode artwork

EPISODE · Oct 8, 2024 · 1H 16M

Oral Argument: Bondi, Att'y Gen. v. VanDerStok | Case No. 23-852 | Date Argued: 10/8/24

from The High Court Report

Case Info: Bondi, Att'y Gen. v. VanDerStok | Case No. 23-852 | Date Argued: 10/8/24 | Date Decided: 3/26/25Link to Docket: Here.Background:In the Gun Control Act of 1968, 18 U.S.C. 921 et seq., Congress imposed licensing, background-check, recordkeeping, and serialization requirements on persons engaged in the business of importing, manufacturing, or dealing in firearms. The Act defines a "firearm" to include "any weapon * * * which will or is designed to or may readily be converted to expel a projectile by the action of an explosive," as well as "the frame or receiver of any such weapon." 18 U.S.C. 921(a)(3)(A) and (B). In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a regulation clarifying that certain products that can readily be converted into an operational firearm or a functional frame or receiver fall within that definition. See 87 Fed. Reg. 24,652 (Apr. 26, 2022) (codified in relevant part at 27 C.F.R. 478.11, 478.12(c)). The Fifth Circuit held that those regulatory provisions are inconsistent with the Act. Questions Presented:Whether "a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive," 27 C.F.R. 478.11, is a "firearm" regulated by the Gun Control Act of 1968 (GCA); andWhether "a partially complete, disassembled, or nonfunctional frame or receiver" that is "designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver," 27 C.F.R. 478.12(c), is a "frame or receiver" regulated by the GCA.Holding: The ATF’s rule is not facially inconsistent with the GCA. The GCA’s statute’s text, context, and structure make clear the GCA reaches some weapon parts kits and unfinished frames or receivers.Result: Reversed and remanded.Voting Breakdown: Justice Gorsuch delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson joined.  Justices Sotomayor, Kavanaugh, and Jackson each filed concurring opinions.  Justices Thomas and Alito each filed dissenting opinions.Link to Opinion: Here.Oral Advocates:For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Peter A. Patterson, Washington, D. C.Website Link to Opinion Summary: Here.Apple Podcast Link to Opinion Summary: Here.

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Oral Argument: Bondi, Att'y Gen. v. VanDerStok | Case No. 23-852 | Date Argued: 10/8/24

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