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We the People

Can the ATF Regulate Ghost Guns?

We the People

National Constitution Center

History, News Commentary, News

4.61K Ratings

🗓️ 10 October 2024

⏱️ 58 minutes

🧾️ Download transcript

Summary

This week, the Supreme Court heard oral arguments in Garland v. VanDerStok, a case challenging the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to regulate “ghost guns” under the Gun Control Act. In this episode, Clark Neily of the Cato Institute and Dru Stevenson of the South Texas College of Law join Jeffrey Rosen to recap the oral arguments and debate whether ghost guns—which are untraceable weapons without serial numbers, assembled from components or kits that can be bought online—may be regulated as firearms.   Resources:  Garland v. VanDerStok (oral argument audio via CSPAN; argument transcript)  Dru Stevenson, quoted in: “‘Ghost guns’ in the crosshairs”,  BusinessDay (March 7, 2024)   Drury Stevenson, “Shall Not Be Infringed,” (July 2024)  Clark Neily, quoted in: “Will ‘sigh of relief’ after US supreme court gun ruling be short-lived?,” The Guardian (June 22, 2024)  Stay Connected and Learn More Questions or comments about the show? Email us at [email protected] Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Transcript

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0:00.0

This week on the second day of the new term, the Supreme Court heard oral arguments in Garland versus Vandersstock.

0:06.5

That's a case challenging the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to regulate ghost guns under the Gun Control Act.

0:15.0

Hello friends, I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome to We The People, a weekly... and

0:23.4

the CEO of the National Constitution Center and welcome to We The People, a weekly show of

0:25.3

constitutional debate. The National Constitution Center is a nonpartisan

0:29.2

nonprofit charted by Congress to increase awareness and understanding of the Constitution among the American people.

0:36.0

In this episode of We The People, we'll recap the oral arguments.

0:40.0

We'll debate whether ghost guns can be regulated as firearms by the ATF and will explore the future

0:46.1

of gun regulations at the Supreme Court.

0:48.6

And joining me are two leading scholars of gun regulation and the Constitution.

0:55.0

Clark Neely is senior vice president for legal studies at the Cato Institute.

0:59.2

Before joining Cato, he was a senior attorney at the Institute for Justice.

1:04.0

His most recent book is Terms of Engagement,

1:07.0

How Our Courts Should Enforce the Constitution's Promise of limited Government.

1:11.0

Clark, it is always wonderful to welcome you to We the People.

1:14.0

Thanks, Jeff. It's nice to be back. And Drew Stevenson is a law professor at the South Texas

1:19.7

College of Law. He previously served as a legal aid lawyer in Connecticut and became an assistant attorney general for the state of Connecticut.

1:26.0

His current research focuses on firearms law and policy and he's the author of many articles about the Second Amendment.

1:33.0

Drew, it is wonderful to welcome you to We The People.

1:35.6

Thank you.

1:36.1

I'm really honored to be here.

1:38.5

Let's jump right in with the oral arguments.

...

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