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ATF Destroyed During Oral Arguments thumbnail image

ATF Destroyed During Oral Arguments

80 Percent Arms   |   Sep 21st 2023

When the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) stepped into the courtroom, they might've underestimated the stakes. The VanDerStok v. Garland case isn't just another legal battle; it is a pivotal moment for the 80% community and we are proud to be involved in it. The ATF's definitions—particularly around "frames," "receivers," and the contentious "readily converted" firearms—were under the spotlight during the oral arguments. For those of us in the 80% community, this case could redefine the game. We're breaking down the courtroom proceedings and highlighting key points from the transcript. It's more than just legal talk; it's a roadmap for the future of the 80% community.

The ATF's Definition of "Readily"

The ATF's interpretation of the term "readily" as used in the regulatory text was a central point of contention. The ATF's attorney was questioned about the agency's use of the terms "readily converted" and "readily restored." The court sought clarity on whether there was a substantial distinction between these terms and how they relate to the Gun Control Act (GCA) and the National Firearms Act (NFA).

The ATF's stance was that the term "readily" had been pulled from decades of case law interpreting both the GCA and the NFA. The agency aimed to provide more content and notice to its long-standing practice of treating certain items as frames or receivers or as weapons based on their potential to be "readily converted."

However, the court highlighted inconsistencies in the ATF's approach. For instance, the ATF cited a case (Smith vs. United States) where a decommissioned Thompson machine gun, which required eight hours of sophisticated metallurgy work to restore, was deemed "readily restored." Yet, the ATF was hesitant to comment on whether an AR-15, which can be converted into a machine gun in mere minutes with easily accessible parts, would also be considered "readily converted" into a machine gun.

This inconsistency raised concerns about the vagueness of the term "readily." The court pointed out that the ATF's rule aims to clarify what "readily" means, yet the agency could not provide a clear definition. The ATF's reliance on an eight-factor balancing test to determine what constitutes "readily" further complicates the issue, leaving room for interpretation and potential arbitrariness.

The ATF's Reliance on Past Cases

During the proceedings, the court questioned Mr. Janda, the ATF's attorney, about the seeming ambiguity in the term. Mr. Janda emphasized that the ATF uses a body of case law to provide context to the term and that its application can vary based on specific scenarios. He acknowledged the challenges in defining "readily" consistently across different cases but stressed the ATF's commitment to clarity while allowing for necessary flexibility.

The court's line of questioning underscored the importance of clear definitions, especially when they carry significant legal implications. The ATF's approach, while allegedly aiming for consistency, recognizes the diverse range of scenarios it encounters, leading to a nuanced application of terms like "readily."

The AR-15 Debate: ATF's Ambiguity in Focus

A significant point of contention arose around the AR-15 rifle during the arguments. The court, aiming to understand the ATF's stance on this popular firearm, posed a thought-provoking question. The judge inquired, "Mr. Janda, given the widespread knowledge and discussions on the internet about converting a semi-automatic AR-15 into a machine gun, and considering the ease and minimal expense involved in such a conversion, would it be accurate to label every AR-15 as 'readily converted' into a machine gun?"

Caught in the crosshairs of the question, Mr. Janda responded cautiously, "Your Honor, I understand the gravity of the question. However, I cannot answer that question unequivocally."

The Judge, not letting the matter rest, pressed on, "But Mr. Janda, the internet is replete with articles and tutorials on how, with just a few minutes and minimal cost, one can convert an AR-15 into a machine gun. Some even suggest using simple items like coat hangers. Given ATF's stance on other weapons and parts, how does the AR-15 fit into this narrative?"

Mr. Janda acknowledged the online information but emphasized the ATF's comprehensive understanding of the weapon and its components. He stated, "The ease of conversion you mentioned does raise concerns, but it's not the sole factor we consider."

The Judge, seeking clarity, asked, "So, you're saying that despite the apparent ease of conversion, not every AR-15 can be labeled as 'readily converted'?"

Mr. Janda then elaborated, "That's correct, Your Honor. The term 'readily converted' encompasses a range of factors, and while ease of conversion is one, it's not the only determinant. We also consider the intent, availability of parts, and other aspects."

However, the Judge highlighted the core issue, "But doesn't this ambiguity pose a challenge? If the ATF cannot provide a clear stance on such a popular firearm, how can the public be expected to navigate these regulations?"

Mr. Janda conceded, "Your Honor, the ATF is constantly evaluating and re-evaluating its positions based on new information, technology, and trends. Our goal is to provide clear guidelines, but the dynamic nature of firearms and their components sometimes presents challenges."

This conversation highlights the challenges in understanding the ATF's position on gun regulations, especially regarding the AR-15 and frames and receivers. The Judge's direct questions and Mr. Janda's lackluster replies show there's a clear need for more straightforward guidelines in this ongoing debate.

The Issue of Parts Kits

The ATF's rule on firearm categorization has broadened its scope to now include "kits." These are essentially collections of parts that, when viewed individually, none are recognized as a firearm. However, when these parts are sold or pieced together in a kit, inexplicably they can be considered to be a firearm by the ATF.

Seeking clarity on this matter, the Judge asked, "Mr. Janda, can you clarify the ATF's stance on differentiating between a single part and a comprehensive kit of parts? How does the ATF determine what constitutes a 'readily convertible' item?"

Mr. Janda, representing the ATF, responded, "Your Honor, when we look at a kit, we're considering its collective potential. A kit, when viewed as a whole, can be 'readily converted' into a functional firearm."

However, the court's inquiries didn't stop there. The Judge further probed, "How can the ATF ensure consistency in its definitions, especially when the presence or absence of certain components, like a jig, could sway the classification of a piece of metal?"

Mr. Janda elaborated, "The term 'readily' in our definition takes into account the skill and time required for conversion. If a product comes with a jig, indicating where to drill, it inherently requires less skill and time than a receiver blank without such guidance."

The ATF's perspective on kits underscores their vague and arbitrary definitions of what can be considered a firearm. The court's line of questioning highlighted concerns, emphasizing the need for clearer definitions and guidelines. The distinction between a single part and a kit, especially when components like a jig are involved, raises questions about the ATF's consistency in its definitions. The dialogue between the court and the ATF paints a vivid picture of the need for clear and concise definitions of what constitutes a firearm, especially in light of the criminal implications for gun owners trying to understand rules that the ATF’s own attorney in court could clearly explain.