CONS
Can Firearm Parts Kits Be Subject to the Regulatory Requirements of the Gun Control Act of 1968?Do-it-yourself kits that allow individuals to build a functioning firearm have been around for more than 30 years. In the last 15 years, however, the products — which are not covered by federal gun regulations — have grown in popularity. In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a rule that requires these gun kits to include serial numbers and meet other licensing and background-check requirements under the Gun Control Act (GCA) of 1968. In August 2022, private citizens Jennifer VanDerStok and Michael Andren joined gun-rights groups and gun-kit manufacturers in a lawsuit challenging the legality of the ATF rule. Both a federal district court and the 5th Circuit U.S. Court of Appeals ruled in their favor, holding that the GCA does not apply to gun kits. The U.S. government appealed to the Supreme Court, which granted certiorari on April 22, 2024. The following is excerpted from the Brief for Respondents as submitted to the U.S. Supreme Court on Aug. 13, 2024.
Do-it-yourself kits that allow individuals to build a functioning firearm have been around for more than 30 years. In the last 15 years, however, the products — which are not covered by federal gun regulations — have grown in popularity. In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a rule that requires these gun kits to include serial numbers and meet other licensing and background-check requirements under the Gun Control Act (GCA) of 1968…
