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The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) is stepping up its battle against the ATF by filing an amicus brief with the U.S. Supreme Court.
The case in question, Garland v. VanDerStok, challenges the ATF’s new “Final Rule” that treats gun parts kits like fully assembled firearms.
CCRKBA isn’t going it alone. They’ve teamed up with several big-name groups, including the Western States Sheriffs’ Association, California Rifle and Pistol Association, and the National Association of Chiefs of Police.
Top lawyers C.D. Michel from California and Dan M. Peterson from Virginia are handling the case.
In the brief, CCRKBA argues that Congress has always kept the definition of a “frame or receiver” the same, even after making changes to the Gun Control Act of 1968.
They’re saying the ATF doesn’t have the power to change that definition on its own.
“Congress,” noted CCRKBA Chairman Alan Gottlieb, “restricted ATF’s rulemaking authority in the Firearms Owners’ Protection Act of 1986. ATF changed the definitions in its ‘Final Rule,’ essentially by administrative fiat on the grounds this is necessary for what it considers to be reasons of public policy. However, ATF knows, or at least should know, that public policy is determined by Congress, not ATF. This has become a problem with ATF under the Biden-Harris administration, as the agency has unilaterally tried to stretch its rule making authority.
“The agency contends it needs to change the rules because it needs to trace firearms,” he continued, “but as we note in our brief, there is no effective tracing by serial number now of guns purchased by criminals, and there hasn’t been since the 1980s, because criminals don’t get their guns by purchasing them from licensed dealers under their own names. The ATF knows this, yet they are attempting to expand their authority by dancing around Congress. We’re confident the Supreme Court will not allow that to happen.”
Andrew Gottlieb, CCRKBA’s Managing Director, was happy to see support from law enforcement.
“We are especially happy that three law enforcement groups joined our amicus,” said Andrew Gottlieb. “Their participation underscores the commitment law enforcement professionals have to the Second Amendment.”
This case is shaping up to be a major showdown with big implications for the future. Stay tuned!
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