Attorney General Jackley Requests U.S. Supreme Court Limit ATF Firearms Expansion Rule

FOR IMMEDIATE RELEASE: Thursday, Aug. 22, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley joins 26 other Attorneys General in filing a brief with the U.S. Supreme Court asking the court to limit the Biden Administration’s “Frame or Receiver” firearms rule proposed by the Bureau of Alcohol, Tobacco, and Firearms (ATF).

The 2022 rule broadens the interpretation of “firearm” to include certain weapon parts kits that may be readily converted into firearms, as well as certain partially complete, disassembled, or nonfunctional frames or receivers. In November 2023, a three-judge panel of the 5th Circuit Court of Appeals unanimously struck down the “Frame and Receiver” Rule because ATF was making laws instead of enforcing laws passed by Congress.

“Despite ATF’s position, not every law-abiding citizen handling a gun is a firearms dealer,” said Attorney General Jackley. “A federal agency can’t make those decisions, and it’s time Congress addresses this ongoing infringement on the individual Second Amendment Right to Bear Arms.” 

Other Attorneys General involved in the brief are from the states of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

Read a copy of the amicus brief here.

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