Supreme Court Agrees to Hear Case Dealing with Americans’ Ability to Self-Manufacture Firearms

The Supreme Court Granted Cert in VanDerStok v. Garland, a case challenging the ATF’s Redefining of a “Frame or Receiver.”

In a move that marks a significant turning point in the realm of firearms regulation, Mountain States Legal Foundation announces the Supreme Court’s decision to hear VanDerStok v. Garland. It’s not every day that a case makes it to the Supreme Court— which makes today so momentous. Amidst escalating concerns regarding governmental overreach and the safeguarding of constitutional rights, we celebrate the highest court in the land weighing in.

The case in question centers on a Final Rule issued in April 2022. This rule is titled “Definition of ‘Frame or Receiver’ and Identification of Firearms.” It tried to change the law to prohibit the time-honored practice of making one’s own firearms. So, for MSLF, this case is not just about legal maneuvering; it’s about defending the foundation of American freedoms—the right to create your own means of self-defense. This fight transcends mere Second Amendment rights; it represents a resounding call to arms against governmental overreach and a defense of the principles of liberty upon which our nation was founded!

Case Background

Before the mass production of firearms, the practice of self-manufacture was correctly understood as belonging to the natural right of self-defense. The right to craft and customize firearms enables us to determine which arms we will “keep and bear”—and it ensures that we have access to arms without dependence on a government-approved set of suppliers. Thus, the right of self-manufacture is among the natural rights that came under explicit protection when the Second Amendment was adopted.

Technological changes don’t change our rights, and the American People still have a constitutionally protected natural right to craft and customize guns. But gun control activists and anti-gun politicians have become focused on suppressing this right—especially through use of the misleading term “ghost guns,” a derogatory label. Their intent is to tarnish the good reputation of peaceable citizens like Mike, who have dedicated themselves to helping others be self-sufficient and confident in their abilities to defend themselves, or Jennifer, who protected our community for eight years in law enforcement.

Giving in to pressure from both activists and President Biden, the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) decided, in a new rule issued April 2022, to dramatically exceed their authority and violate congressional intent.

This Final Rule, addressing the “Definition of ‘Frame or Receiver’ and Identification of Firearms,” alters the legal landscape surrounding firearms regulation, giving complete discretionary power to the ATF and its Director to decide what the ATF can regulate and how. The ATF is usurping Congress’s legislative power and is wielding the regulation to severely burden the practice of self-manufacture and the businesses that facilitate it.

As this case proceeds, we look forward to maintaining our unwavering conviction and resolve. This is not just another legal battle; it’s an historic moment that will shape the future landscape of constitutional rights in the United States. MSLF stands at the forefront of this pivotal fight, ready to defend liberty!

We thank our friends at the Second Amendment Foundation for standing with us in this fight for your Second Amendment-protected rights.

Mountain States Legal Foundation

Mountain States Legal Foundation is a nonprofit, public-interest legal firm established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and the benefits of the free enterprise system. MSLF defends its clients through pro bono litigation and seeks victory for its clients at the highest level possible to establish binding legal precedents to benefit millions of Americans. Through its litigation and public discourse, MSLF educates the American public on the threat unrestrained government presents to our liberties. Learn more at mslegal.org.