The case of Garland v. VanDerStok has caught national attention as several states are stepping up to challenge the ATF’s recent attempts to regulate gun parts kits and unfinished frames as firearms.
In a brief filed by 27 state attorneys general, including West Virginia and Montana, the states argue that the ATF is once again overreaching its statutory authority by expanding the Gun Control Act’s (GCA) definition of “firearm” to include parts kits and incomplete frames.
The states are urging the Supreme Court to rein in the ATF, arguing that such a move infringes on 2A rights and ignores the original intent of Congress.
ATF’s Pattern of Overreach
This isn’t the first time the ATF has tried to push the boundaries of its rule-making authority, and the states make that clear.
They point to past actions where the ATF has stretched the meaning of laws to fit political agendas—like classifying bump stocks as machine guns and regulating stabilizing braces as short-barreled rifles.
Both of these moves have already faced heavy legal challenges, with courts striking down or questioning the ATF’s authority.
In the VanDerStok case, the ATF issued a rule trying to classify weapon parts kits and unfinished frames as firearms, claiming they can be “readily completed” into fully functioning guns.
This, according to the attorneys general, is not what the GCA or the National Firearms Act (NFA) ever intended.
States Fight Back Against ATF’s Attempts
The states’ argument is simple: the ATF is acting beyond the law, and the courts need to pull it back.
They argue that Congress never intended for weapon parts kits to be classified as firearms and that the agency has a history of ignoring the limits of its power.
In their brief, the states emphasize that the rule is more about imposing a political agenda than actually following the law.
They also highlight procedural issues, such as the ATF not allowing adequate time for public comment on the rule, making it difficult for states and others to challenge the rule before it was implemented.
This type of “act-now, justify-later” behavior, the states argue, shows a clear disregard for the Administrative Procedure Act (APA) and should be scrutinized heavily by the courts.
Bottom Line
The states’ message to the Supreme Court is clear: the ATF has a history of stretching the law to fit its own goals, and the VanDerStok case is no different.
Whether it’s bump stocks, stabilizing braces, or now parts kits, the states are standing firm in their belief that the ATF is operating far outside its legal authority.
They urge the court to rule against the ATF and reaffirm that Congress—not a regulatory agency—decides what is and isn’t a firearm.
With so many states involved, this case could set a major precedent for future 2A cases.
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Give them their own bureau. They started out as treasury, then booze control, have been (given?) increasingly more control over firearms (nfa’34, gca’68, awb’86) and seem to enjoy the protection of the “you dont want to mess with the treasury dept” weight and momentum. Fewer staff and agents diluted by loaned and borrowed agents, would be more efficient, in duty and in correction of errors; observed, percieved, hidden.
The ONLY cure for the ATF is complete disbanding. More so than any other agency they’ve repeatedly acted beyond their original mandate and are now not only useless… they are indeed an enemy of the Constitution and the People.
One the problems with politicians and agencies is that there are no repercussions for them passing unconstitutional laws or rules. They pass the law or rule then use taxpayer money to fight for it and if they lose, they such say “oh well.” There needs to fines and repayment of court costs. The fine need to come from personal funds! The court costs, their’s and repayment to the plaintiffs, would come out of the agencies budget. If I did something to violate your constitutional right, I would have to use my money to pay court costs and if I lost, I would be fined and/or jailed. Until this happens there is no reason for them to stop.
The Supreme Court needs to reign in the BATF, but also go after the people who are weaponizing this government agency.
yup subverting the constitution is a full-time job to those commies!!!