Coming Soon To SCOTUS
Biden Admin ATF ‘Final Rule’ On The Line
Back in late April, the U.S. Supreme Court granted certiorari to a case challenging whether the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) had violated the Administrative Procedures Act by unilaterally — and arbitrarily — reversing more than 50 years of tradition by declaring unfinished receivers, frames and parts kits would henceforth be regulated like functioning firearms.
This happened a mere 15 months into the Biden administration’s term in office, signaling Joe Biden’s “zero tolerance” for anything remotely resembling traditional firearm “home gunsmithing.” The Court will take up this case in the session beginning the first Monday of October. The case is known as Garland v. VanDerStok.
Setting Boundaries
The Court now has the opportunity to put the ATF in its place as an agency, rather than a political weapon. A proper ruling in this case will remind ATF that Congress, not an agency, is where laws are written. This process should involve considerable deliberation, not the arbitrary whims of the guy in the Oval Office.
Biden owns a shotgun and he claims to be a “Second Amendment guy.” Somewhere at my brother’s house is an old guitar my dad owned, but it doesn’t make him Peter Frampton.
Interestingly, this really is not a Second Amendment case, yet it has the right to keep and bear arms smeared all over it. The weaponized ATF was turned loose on gun owners under the guise of cracking down on so-called “ghost guns,” home-built firearms — typically without serial numbers — for personal use by their owners. Back when the colonies became a country and adopted a constitution with a 10-part Bill of Rights, guns didn’t have serial numbers. Oh, and contrary to what Joe Biden may want you to believe, people did own cannons!
This is all about a federal agency usurping the power and authority of Congress. Under Joe Biden and his hand-picked ATF Director Steve Dettelbach, the agency tried to skate about Congress and make up its own gun control rules. The fact several entities, including the Second Amendment Foundation, sued to block the ATF led the Supreme Court to take the case, essentially telling the agency “Nice try, but no cigar.”
Dettelbach is the man who stated during an appearance earlier this year, “There is no gun show loophole, and there never was.” His remarks came during the “Gun Violence Survivors’ Summit” held in April and the admission probably came as a shock to all of the gun prohibitionists in the room who have claimed for years gun shows are “arms bazaars for criminals.”
Opportunity
How can you take advantage of this? Hey, it’s September, and campaign season is about to shift into high gear. Candidates and incumbents will be making the rounds asking for your votes. If you get the opportunity to quiz them about guns, ask them what they think about the high court possibly putting the brakes on Biden’s gun regulations and see what happens next.
Under Biden and Vice President Kamala Harris, the ATF and other federal agencies have been weaponized against the citizens. In addition to ATF changing the rules on parts and components — the “Final Rule” was announced in April 2022 and a string of legal challenges followed — Biden earlier this year also announced he considers people who buy, sell and/or trade firearms at gun shows to be “engaged in the business” so they need a federal dealer’s license.
Long story short, Biden has been doing everything within his power to make life miserable for gun owners. And, he’s not doing this on his own — he has plenty of company. Virtually everyone with a “D” beside his or her name on Capitol Hill is in on this because the party condones it and if they don’t, they’re not making much noise about their objections.
By now, some people will be talking about another so-called “red wave” coming in November. Don’t allow such talk to lull you into lethargy over the next eight weeks. That’s what happened last time — people let the hype get the better of them and they stayed home, figuring the election was in the bag and they didn’t have to pull their own weight. You cannot put the current administration out of your misery by sitting at home watching reruns. The “red wave” will only happen if you are part of the tsunami.
Bring
The Supreme Court’s acceptance of the challenge to the Biden ATF rule in Garland v. VanDerStok is just one part of a larger battle. A flip of majority parties on Capitol Hill and leadership in the White House will signal the high court it is safe to take more 2A cases and hand down more pro-rights rulings. It would also open the door for more conservative appointments to fill federal court vacancies.
The more conservative judges and justices on the courts, the better the odds of courts finally slamming down on decades of unconstitutional gun control laws. The 2022 Bruen ruling authored by Associate Justice Clarence Thomas kicked open the door for challenges but too many liberal judges and blue state lawmakers are burning the midnight oil to find ways to dance around the High Court by ignoring its pro-2A rulings altogether.
There is only one way to accomplish this. Take Congress — especially the U.S. Senate — away from the liberals and replace the current anti-gun administration. The result will be a return of balance to the federal courts, where judges don’t legislate from the bench but interpret and enforce the Constitution as it was written and intended.
Under Biden, the gun prohibition movement has gotten bolder and open warfare is being waged against gun owners. The VanDerStok case is a perfect illustration of what has happened and a friendly ruling by the Court might just help stop it.
