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Chasing Ghost Guns
The
Seventh Edition
of
The Essentials of Political Analysis
is now available!
More info.
|
Read Introduction
Table of Contents
Title Page
Copyright
About the Editor
Editor's Preface
Introduction to
Chasing Ghost Guns
What Is the Case About?
What the Case Is Not About
About the Federal Regulatory Process
Operationalizing the Definition of "Firearm"
Nature of the Disagreement
What Is Not Said Directly
Why Is the Case Styled
Bondi v. VanDerStok
?
The U.S. Supreme Court's Decision in
Bondi v. VanDerStok
Majority Opinion by Justice Gorsuch
I. Factual Background
A. Federal Law
B. Federal Regulations
C. Prior Proceedings
II. ATF Has Statutory Authority to Regulate Weapon Part Kits
A. Weapon Parts Kits Satisfy Statutory Definition of Weapons
1. Polymer80's "Buy Build Shoot" Kit Qualifies as a "Weapon"
2. The Kit Can Be Readily Converted to Fire Projectiles
B. Response to Counterarguments about Weapon Parts Kits
III. ATF Has Statutory Authority to Regulate Unfinished Frames and Receivers
A. Unfinished Frames and Receivers Constitute Frames and Receivers for Statutory Purposes
B. Response to Counterarguments about Unfinished Frames and Receivers
IV. Conclusion
Concurrence by Justice Sotomayor
Concurrence by Justice Kavanaugh
Concurrence by Justice Jackson
Dissent by Justice Thomas
I. Factual Background
A. Federal Law and Regulations
B. Prior Proceedings
II. Majority Applies Wrong Legal Standard
III. Agency Lacks Statutory Authority to Regulate Unfinished Frames and Receivers
A. ATF's Rule Exceeds Permitted Regulation of Frames and Receivers
1. Frames and Receivers Not Defined to Include Unfinished Frames and Receivers
2. Regulation Not Limited to Physical Characteristics of the Object
B. Majority's Interpretation of the Statute Flawed
1. Reliance on Casual Meaning of Terms
2. Other Firearm Regulations Not Supportive
3. Readily Converted Rule Applies to Weapons, Not Frames and Receivers
IV. Agency Lacks Statutory Authority to Regulate Weapon Parts Kits
A. Weapon Parts Kits Are Not Weapons
B. Weapon Parts Kits Distinct from Starter Guns
V. Rule of Lenity Applies to Ambiguous Criminal Statutes
VI. Conclusion
Dissent by Justice Alito
I. Procedural Background
II. Majority Applies Wrong Legal Standard
Appendix of Court References
Federal Laws
Federal Regulations
Cases Cited
Prior Decisions in
VanDerStok
Case
Briefs and Pleadings
Academic Studies and Articles
Afterword: Chasing More Ghosts
Further Developments in the Case
VanDerStok
’s Implications for Criminal Investigations
VanDerStok
’s Implications for 3D-Printed Firearms
Thanks and Acknowledgements
Appendix Resources
Federal Laws
Federal Regulations
Cases Cited
Prior Decisions in
VanDerStok
Case
Briefs and Pleadings
Academic Studies and Articles