Supreme Court of the United States · Official docket →
Pamela Bondi, Attorney General, et al. v. Jennifer VanDerStok, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-10718 · judgment November 9, 2023
Before the decision, about 9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below.
Questions presented
In the Gun Control Act of 1968, 18 U.S.C. 921 et seq., Congress imposed licensing, background-check, recordkeeping, and serialization requirements on persons engaged in the business of importing, manufacturing, or dealing in firearms. The Act defines a "firearm" to include "any weapon * * * which will or is designed to or may readily be converted to expel a projectile by the action of an explosive," as well as "the frame or receiver of any such weapon." 18 U.S.C. 921(a)(3)(A) and (B). In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a regulation clarifying that certain products that can readily be converted into an operational firearm or a functional frame or receiver fall within that definition. See 87 Fed. Reg. 24,652 (Apr. 26, 2022) (codified in relevant part at 27 C.F.R. 478.11, 478.12(c)). The Fifth Circuit held that those regulatory provisions are inconsistent with the Act. The questions presented are:
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Whether "a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive," 27 C.F.R. 478.11, is a "firearm" regulated by the Act.
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Whether "a partially complete, disassembled, or nonfunctional frame or receiver" that is "designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver," 27 C.F.R. 478.12(c), is a "frame or receiver" regulated by the Act.
Counsel of record
For petitioner
Sarah M. Harris
Acting Solicitor General
For respondent
Charles Randall Flores
Flores Law PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 24 merits
(13 supporting pet./neither, 11 respondent)
Argument & decision
Argued October 8, 2024 — Elizabeth B. Prelogar · Peter A. Patterson. Audio and transcript
Decided March 26, 2025. Opinion by Gorsuch.
Proceedings
- Apr 28 2025Judgment Issued.
- Mar 26 2025Judgment REVERSED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Sotomayor, J., Kavanaugh, J., and Jackson, J., each filed concurring opinions. Thomas, J., and Alito, J., each filed dissenting opinions.
- Oct 08 2024Argued. For petitioners: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. For respondents: Peter A. Patterson, Washington, D. C.
- Oct 01 2024Letter of respondents Jennifer VanDerStok, et al. filed. (Distributed)
- Sep 26 2024Letter and attachment from Solicitor General regarding the reply brief filed on September 12, 2024. filed. (Distributed)
- Sep 12 2024Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed)
- Aug 20 2024Brief amicus curiae of National Association of Sporting Goods Wholesalers filed. (Distributed)
- Aug 20 2024Brief amici curiae of Citizens Committee for the Right to Keep and Bear Arms, et al. filed. (Distributed)
- Aug 20 2024Brief amici curiae of Former Acting Chief of ATF Firearms Technology Branch Rick Vasquez and Center for Human Liberty filed. (Distributed)
- Aug 20 2024Brief amici curiae of National Association for Gun Rights and the National Foundation for Gun Rights filed. (Distributed)
- Aug 20 2024Brief amicus curiae of California Gun Rights Foundation filed. (Distributed)
- Aug 20 2024Brief amici curiae of The Firearms Regulatory Accountability Coalition and Palmetto State Armory, LLC filed. (Distributed)
- Aug 20 2024Brief amicus curiae of National Shooting Sports Foundation, Inc. filed. (Distributed)
- Aug 20 2024Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
- Aug 20 2024Brief amicus curiae of National Rifle Association of America filed. (Distributed)
- Aug 20 2024Brief amici curiae of Gun Owners of America, Inc., et al. filed. (Distributed)
- Aug 20 2024Brief amici curiae of West Virginia, Montana, and 25 Other States filed. (Distributed)
- Aug 13 2024Brief of respondents Jennifer VanDerStok, et al. filed. (Distributed)
- Aug 13 2024Brief of respondents Defense Distributed; Polymer 80, Inc., et al. filed. (Distributed)
- Aug 08 2024CIRCULATED
- Aug 02 2024Record received electronically from the United States District Court for the Northern District of Texas and available with the Clerk.
- Jul 30 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Jul 26 2024SET FOR ARGUMENT on Tuesday, October 8, 2024.
- Jul 26 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
- Jul 02 2024Brief amicus curiae of Queens County District Attorney's Office filed.
- Jul 02 2024Brief amici curiae of Frank Blackwell, et al. filed.
- Jul 02 2024Brief amici curiae of Major Cities Chiefs Association, et al. filed.
- Jul 02 2024Brief amici curiae of The Local Government Legal Center, The National Association Of Counties, The National League Of Cities, And The International Municipal Lawyers Association filed.
- Jul 02 2024Brief amici curiae of American Medical Association, et al. filed.
- Jul 02 2024Brief amici curiae of Professors and Scholars of Linguistics and Law filed.
- Jul 02 2024Brief amici curiae of The District of Columbia, New Jersey, Pennsylvania, et al. filed.
- Jul 02 2024Brief amici curiae of 20 Major Cities, et al. filed.
- Jul 02 2024Brief amicus curiae of Gun Owners for Safety filed.
- Jul 02 2024Brief amici curiae of Gun Violence Prevention Groups filed.
- Jul 02 2024Brief amicus curiae of Global Action on Gun Violence filed.
- Jul 02 2024Brief amici curiae of District Attorney for New York County and City of New York filed.
- Jul 01 2024Brief amicus curiae of Constitutional Accountability Center filed.
- Jun 25 2024Brief of petitioners Merrick B. Garland, Attorney General, et al. filed.
- Jun 25 2024Joint appendix filed. (Statement of cost filed)
- Apr 29 2024Motion for an extension of time filed.
- Apr 29 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including June 25, 2024. The time to file respondents' brief on the merits is extended to and including August 13, 2024.
- Apr 22 2024Petition GRANTED.
- Apr 15 2024DISTRIBUTED for Conference of 4/19/2024.
- Mar 27 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 27 2024Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed)
- Mar 08 2024Brief of respondents Defense Distributed, et al. filed.
- Mar 08 2024Brief amicus curiae of Gun Violence Protection Groups filed.
- Mar 07 2024Brief amici curiae of District of Columbia, et al. filed.
- Mar 07 2024Brief of respondents Jennifer VanDerStok, et al. in opposition filed.
- Feb 07 2024Petition for a writ of certiorari filed. (Response due March 8, 2024)