Fallout from Garland v. VanDerStok: A Doomsday Scenario for Gun Owners?

Estimated reading time: 3 minutes

Washington Gun Law President William Kirk recently delved into the potential impact of the Supreme Court’s pending decision in Garland v. VanDerStok. He warned that the implications could extend far beyond just 80% lowers, unfinished frames, and receivers.

Kirk reviewed the Supreme Court oral arguments, calling the overall feeling “not real good.” He emphasized that the tone of the questions from the justices wasn’t promising. According to Kirk, “the feeling universally was not real good,” highlighting concerns about the direction the Court might take.

Many 2A supporters may think this case is limited to 80% lowers, but Kirk suggests otherwise. He dug into various amicus briefs, including one from Gun Owners of America (GOA), and brought attention to their warnings.

GOA’s brief argued that a ruling favoring the government could “sanction widespread criminalization of semi-automatic rifles as readily convertible machine guns.” This means the risk extends to popular firearms like the AR, not just unfinished frames.

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Kirk explained, “If you think a loss on this VanDerStok case is bad, you don’t really realize just how bad it might be.” He emphasized that a Supreme Court loss, coupled with a future administration eager to empower the ATF, could have far-reaching consequences.

Kirk also mentioned that a ruling against the respondents could embolden the ATF to classify more items as prohibited firearms, using a broad interpretation of what constitutes a “readily convertible” weapon.

GOA’s argument warns that the government’s stance—classifying parts that can be converted with minor modifications—could lead to reclassifying AR-15 style rifles as unregistered machine guns.

Kirk emphasized, “GOA put it this way: petitioner’s argument is concerning for another reason beyond its departure from the statutory text.” He pointed out that, according to GOA’s brief, the government’s interpretation could allow the ATF to reclassify a variety of firearms based on their potential convertibility.

Kirk also raised concerns about the potential reclassification of rifles, shotguns, and even handguns. He suggested that under the government’s logic, converting an AR-15 into a fully automatic firearm might only require “drilling a few holes.” This interpretation, according to Kirk, could lead to a slippery slope where many commonly owned firearms fall under tighter regulations.

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The potential danger, Kirk argued, doesn’t end there. He noted that existing definitions of firearms in federal law could open the door for the ATF to expand its reach.

“An adverse ruling from the United States Supreme Court would allow ATF to run amuck,” Kirk warned, suggesting that this could lead to a wave of reclassifications affecting a broad range of firearms and accessories.

Kirk concluded his discussion by reiterating his stark warning to those who might believe that this case doesn’t concern them.

He said, “For all of you out there who think that hey, this just deals with 80% lowers… you’re wrong.” As mentioned before, an unfavorable ruling, coupled with a change in political leadership (Harris administration), could enable the ATF to regulate nearly any firearm under the sun, potentially undermining the Second Amendment rights of countless Americans.

The outcome of Garland v. VanDerStok remains uncertain, with a decision expected by late spring or early summer. As Kirk notes, the stakes are high, and the broader implications of this case could reshape the landscape of firearms regulation in the United States.

As always, stay tuned for updates.

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