Mountain States Believes the Supreme Court Missed an Opportunity to Rein in Government Overreach on the Constitutional Rights of Americans in latest Bondi v. VanDerStok Ruling.
LAKEWOOD, Colo. (March 26, 2025) — Today, the Supreme Court issued a disappointing ruling, leaving in place the Biden-Harris ATF’s “Frame and Receiver” regulations, which stifle the American pastime of homemade firearm building.
The Court, in a 7-2 decision, stated that the ATF had not necessarily exceeded its authority by regulating the building of firearms by private citizens, by including home kits in the definition of “firearm.” Instead, courts may evaluate cases of specific firearms kits, on an individual basis, to determine whether they count as “firearms.” Mountain States is disappointed that the Supreme Court did not recognize that the ATF’s 2022 expansion of its own authority was unlawful.
The Supreme Court’s ruling in Bondi v. VanDerStok jeopardizes the time-honored tradition of making one’s own means of self-defense, and sets a dangerous precedent of allowing federal agencies to overstep their authority with no consequences. Our client, Jennifer VanDerStok, is a former law enforcement officer who simply has a hobby of building firearms at her home. Now the ATF might consider her a criminal.
But a court ruling does not end this fight. Under President Trump’s Executive Order 14206 which commits the Executive Branch to defending Second Amendment-protected rights, the ATF can address this decision by modifying and repealing the Biden-Harris regulations enacted by the ATF. We strongly urge Attorney General Bondi to reconsider these regulations.
The majority opinion in Bondi v. VanDerStok was written by Justice Neil Gorsuch. But notably, Justice Gorsuch wrote that the Court’s logic “has limits,” and that the Court is not deciding which firearms parts kits count as firearms, and which ones don’t. Unfortunately, that leaves the law ambiguous for ordinary Americans.
In a dissenting opinion, Justice Thomas wrote, “The statutory terms ‘frame’ and ‘receiver’ do not cover the unfinished frames and receivers contained in weapon-parts kits, and weapon-parts kits themselves do not meet the statutory definition of ‘firearm.’ That should end the case. The majority instead blesses the Government’s overreach based on a series of errors regarding both the standard of review and the interpretation of the statute. I respectfully dissent.”
Justice Thomas is correct. This ruling sets a precedent that could undermine the constitutional rights of American citizens, and creates a landscape that encourages government overreach.
MSLF’s Center to Keep & Bear Arms Director Michael McCoy said, “We are disappointed with the Court’s ruling but not defeated by it. The fight continues on multiple fronts to protect not only our Second Amendment rights but the time-honored and critically important principle of separation of powers. The ATF must revisit the vague and restrictive regulations enacted by the Biden-Harris Administration.”
While MSLF is disappointed by the ruling in Bondi v. VanDerStok we remain undeterred in fighting government overreach and litigating for the Second Amendment-protected rights of Americans.
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Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal firm established in 1977. MSLF is dedicated to individual liberty, limited and ethical government, and the benefits of the free enterprise system. MSLF defends its clients through pro bono litigation and seeks victory for its clients at the highest level possible to establish binding legal precedents to benefit millions of Americans. Through its litigation and public discourse, MSLF educates the American public on the threat unrestrained government presents to our liberties. Learn more at mslegal.org