SCOTUS Weighs Ghost Guns

Source 1440 Newsletter

SCOTUS Weighs Ghost Guns

The Supreme Court is hearing its first oral arguments of the 2024-25 term today. The case, Garland v. VanDerStok, surrounds a 2022 regulation on so-called “ghost guns”—untraceable firearm components made through 3D printing, kits, and parts.

 

At issue is whether the Biden administration overstepped its authority in amending the 1968 definition of a firearm to include parts capable of being converted into a gun in under 30 minutes. The change, by the Bureau of Alcohol, Tobacco, Firearms and Explosives, requires manufacturers to run background checks on buyers and mark products with serial numbers, among other obligations. The amended rule came after what the administration says was a roughly tenfold increase in the number of ghost guns recovered at crime scenes since 2017, with law enforcement recovering ghost guns in up to 15% of gun-related crimes.

 

The Supreme Court term will last through June, covering cases such as sex-transition procedures, age verification for pornography websites, and nuclear waste. See an overview here.

 

Garland v. VanDerStok

Docket No. Op. Below Argument Opinion Vote Author Term
23-852 5th Cir. Oct 8, 2024 TBD TBD TBD OT 2024

Issues: (1) 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” under 27 C.F.R. § 478.11 is a “firearm” regulated by the Gun Control Act of 1968; and (2) whether “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” under 27 C.F.R. § 478.12(c) is a “frame or receiver” regulated by the act.

Date Proceedings and Orders (key to color coding)
Feb 07 2024 Petition for a writ of certiorari filed. (Response due March 8, 2024)
Mar 07 2024 Brief amici curiae of District of Columbia, et al. filed.
Mar 07 2024 Brief of respondents Jennifer VanDerStok, et al. in opposition filed.
Mar 08 2024 Brief of respondents Defense Distributed, et al. filed.
Mar 08 2024 Brief amicus curiae of Gun Violence Protection Groups filed.
Mar 27 2024 DISTRIBUTED for Conference of 4/12/2024.
Mar 27 2024 Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed)
Apr 15 2024 DISTRIBUTED for Conference of 4/19/2024.
Apr 22 2024 Petition GRANTED.
Apr 29 2024 Motion for an extension of time filed.
Apr 29 2024 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners’ brief on the merits is extended to and including June 25, 2024. The time to file respondents’ brief on the merits is extended to and including August 13, 2024.
Jun 25 2024 Brief of petitioners Merrick B. Garland, Attorney General, et al. filed.
Jun 25 2024 Joint appendix filed.
Jul 01 2024 Brief amicus curiae of Constitutional Accountability Center filed.
Jul 02 2024 Brief amicus curiae of Queens County District Attorney’s Office filed.
Jul 02 2024 Brief amici curiae of Frank Blackwell, et al. filed.
Jul 02 2024 Brief amici curiae of Major Cities Chiefs Association, et al. filed.
Jul 02 2024 Brief amici curiae of The Local Government Legal Center, The National Association Of Counties, The National League Of Cities, And The International Municipal Lawyers Association filed.
Jul 02 2024 Brief amici curiae of American Medical Association, et al. filed.
Jul 02 2024 Brief amici curiae of Professors and Scholars of Linguistics and Law filed.
Jul 02 2024 Brief amici curiae of The District of Columbia, New Jersey, Pennsylvania, et al. filed.
Jul 02 2024 Brief amici curiae of 20 Major Cities, et al. filed.
Jul 02 2024 Brief amicus curiae of Gun Owners for Safety filed.
Jul 02 2024 Brief amici curiae of Gun Violence Prevention Groups filed.
Jul 02 2024 Brief amicus curiae of Global Action on Gun Violence filed.
Jul 02 2024 Brief amici curiae of District Attorney for New York County and City of New York filed.
Jul 26 2024 SET FOR ARGUMENT on Tuesday, October 8, 2024.
Jul 26 2024 Record requested from the United States Court of Appeals for the Fifth Circuit.
Jul 30 2024 Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Aug 02 2024 Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
Aug 08 2024 CIRCULATED
Aug 13 2024 Brief of respondents Jennifer VanDerStok, et al. filed. (Distributed)
Aug 13 2024 Brief of respondents Defense Distributed; Polymer 80, Inc., et al. filed. (Distributed)
Aug 20 2024 Brief amicus curiae of National Association of Sporting Goods Wholesalers filed. (Distributed)
Aug 20 2024 Brief amici curiae of Citizens Committee for the Right to Keep and Bear Arms, et al. filed. (Distributed)
Aug 20 2024 Brief amici curiae of Former Acting Chief of ATF Firearms Technology Branch Rick Vasquez and Center for Human Liberty filed. (Distributed)
Aug 20 2024 Brief amici curiae of National Association for Gun Rights and the National Foundation for Gun Rights filed. (Distributed)
Aug 20 2024 Brief amicus curiae of California Gun Rights Foundation filed. (Distributed)
Aug 20 2024 Brief amici curiae of The Firearms Regulatory Accountability Coalition and Palmetto State Armory, LLC filed. (Distributed)
Aug 20 2024 Brief amicus curiae of National Shooting Sports Foundation, Inc. filed. (Distributed)
Aug 20 2024 Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Aug 20 2024 Brief amicus curiae of National Rifle Association of America filed. (Distributed)
Aug 20 2024 Brief amici curiae of Gun Owners of America, Inc., et al. filed. (Distributed)
Aug 20 2024 Brief amici curiae of States of West Virginia, Montana, and 25 Other States filed. (Distributed)
Sep 12 2024 Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed)
Sep 26 2024 Letter and attachment from Solicitor General regarding the reply brief filed on September 12, 2024. filed. (Distributed)
Oct 01 2024 Letter of Jennifer VanDerStok, Michael G. Andren, Tactical Machining, L.L.C., and Firearms Policy Coalition, Inc. submitted.