Bondi v. VanDerStok

The Gun Control Act of 1968 (GCA) imposed licensing, recordkeeping, background-checking, and serial-numbering requirements on importers, manufacturers, and dealers of firearms. The GCA defined firearm broadly to include (1) “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive” and (2) the “frame or receiver” of such a weapon. In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) adopted a rule regulating so-called ghost guns, i.e., working guns that could be assembled from weapon-parts kits. One such kit was Polymer80’s Buy Build Shoot kit, which included all the components to build a working semiautomatic pistol using basic tools and publicly available instructions. The kits presented law-enforcement challenges because many manufacturers and dealers believed the kits were not firearms and thus were not subject to the GCA’s requirements. However, the ATF’s new rule interpreted the GCA’s definition of firearm to include some weapon-parts kits and required kit manufacturers and sellers to comply with the GCA’s requirements. The ATF also interpreted the GCA’s “frame or receiver” language to encompass parts kits that could be assembled to function as a frame or receiver. Gun manufacturers and individuals, including Jennifer VanDerStok (the challengers) (plaintiffs) challenged the ATF’s rule in federal court, claiming that the rule exceeded the ATF’s statutory authority. The district court vacated the rule, and the appellate court affirmed. The government (defendant) sought review in the United States Supreme Court.