G. McConway
August 9, 2023

Supreme Court Allows ATF Final Rule 2021-05F to Stand

Well, "what is a gun" is about to get redefined if the lower courts do not push back against a new ATF rule.

ATF Final Rule 2021-05F deems that partially completed pistol frames are now considered to be firearms.

As such, the purchasing of said frame will now require a full background check before the purchase can be made, reported Breitbart.

This is what Democrats have been calling “ghost guns.”


Initially, a lower court ruled against the ATF in the case. The initial case was brought by Jennifer VanDerStok, the Firearms Policy Coalition, the Second Amendment Foundation (SAF), et al. The case is listed as VanDerStok v. Garland, No. 23-10718, in the United State Court of Appeals for the Fifth Circuit.

Judge Reed O’Connor, a Bush appointee, stated, “Because Congress did not define ‘frame or receiver,’ the words receive their ordinary meaning.” The overall premise of the decision was that Congress needed to change the definition, not the ATF.

O’Connor’s decision was upheld by the 5th Circuit Court of Appeals, but the appeals process is not yet complete. The Supreme Court then allowed the rule to stand while this process plays out.

In addition to the liberal justices, Chief Justice Roberts and Trump-appointee Justice Amy Coney Barrett joined them in the majority opinion.

Even though SCOTUS is allowing this to play out, the fact the rule was permitted to stay in play while this happens is a bit concerning.

From what I have seen in the past, the court would stay an order if it was leaning in favor of overturning the decision, but allow the rule to stand if it was leaning in favor of the rule.

This would be a crushing blow to the Second Amendment if allowed to stand, as the ATF would then have free rein to rewrite all kinds of rules, to the point you may have to get a background check just to buy ammunition.

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