Larry E. Holtz, Esq.
Gun Kits Which Readily Convert Into Working Firearms
In Bondi v. Vanderstok (US 3/26/2025), the United States Supreme Court upheld the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) rule treating ghost guns as deadly firearms. Ghost guns are unserialized, untraceable firearms which can be easily put together in minutes from parts acquired without a background check.
The federal Gun Control Act (GCA), 18 U.S.C.§ 921(a)(3), defines a “firearm” to include “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device.”
As explained by Justice Gorsuch in Vanderstok, we have recently “witnessed profound changes in how guns are made and sold. When Congress adopted the GCA in 1968, ‘the milling equipment, materials needed and designs were far too expensive for individuals to make firearms practically or reliably on their own.’ With the introduction of new technologies like 3D printing and reinforced polymers, that is no longer true. Today, companies are able to make and sell weapon parts kits that individuals can assemble into functional firearms in their own homes.”
“These kits vary widely both in how complete they [are] and in how much work is required to finish them. At one end of the spectrum, a kit may lack essential parts and ‘require substantial effort, specialized expertise, uncommon equipment, and a significant amount of time’ before anyone can fire a shot. … At the other end, some kits ‘contain all components necessary’ for ‘a complete pistol’ and can be completed in perhaps half an hour using commonly available tools.”
Sales of these kits have grown exponentially. While home hobbyists enjoy assembling them, so do criminals. “That is largely due to how the kits are sold. Some manufacturers and dealers take the position that weapon parts kits do not qualify as ‘firearms’ subject to the GCA. As a result, they say, they are free to sell their products without obtaining a federal license, conducting background checks, maintaining sales records, or marking components with serial numbers.” This has resulted in police departments around the nation being confronted with an explosion of crimes involving these “ghost guns.”
In 2022, the ATF adopted a new rule designed to combat the proliferation of ghost guns. One provision addresses weapon parts kits which are “designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive.” Another relevant aspect of the agency’s new rule concerns a “key building block of almost any firearm: its frame or receiver.” Under subsection (B) of §921(a)(3), “the frame or receiver of any such weapon” covered by subsection (A) is itself treated as a “firearm.” Effectively, “that means a frame or receiver is, even when sold separately, subject to the Act’s requirements.”
In its 2022 rule, the ATF sought to expand this definition. Now, the agency said, a “frame or receiver” subject to subsection (B) of §921(a)(3), should be understood to encompass as well “a partially complete, disassembled or nonfunctional frame or receiver, including a frame or receiver parts kit, that is designed to or may readily be completed, assembled, restored, or otherwise converted to function as a frame or receiver.” See27 C.F.R. §478.12(c).
To decide this case, the court considered a Polymer80’s “Buy Build Shoot” kit which comes with all of the necessary components to build a GLOCK® variant semiautomatic pistol. “And it is so easy to assemble that, in an ATF test, an individual who had never before encountered the kit was able to produce a gun from it in 21 minutes using only ‘common’ tools and instructions found in publicly available YouTube videos.”
The Supreme Court held that the Gun Control act “embraces, and thus permits ATF to regulate, some weapon parts kits and unfinished frames or receivers. Accordingly, the regulation, 27 C.F.R. § 478.11 is valid under 18 U.S.C. § 921(a)(3)(A) as the term “weapon” includes some unfinished instruments of combat which could be readily converted into a working firearm. Moreover, 27 C.F.R. § 478.12(c) is not inconsistent with 18 U.S.C. § 921(a)(3)(B) as that statute permits the ATF to regulate at least some partially complete frames or receivers.
Larry E. Holtz has served as a Detective Sergeant with the Atlantic City, New Jersey, Police Department; a Deputy Attorney General for the state of New Jersey, and an Assistant County Prosecutor. Presently, Mr. Holtz is a leading author for Blue360° Media, the largest US provider of legal information which is solely focused on serving law enforcement. Mr. Holtz is a certified police trainer and teaches on a regular basis. He is a member of the bar in New Jersey, Pennsylvania and the District of Columbia and is admitted to practice before the federal bar in the District of New Jersey and the Third Circuit.
Responding to Incidents Involving Persons with Special Needs
Larry E. Holtz and Barbara J. Morvay
At 10:00 p.m., you are dispatched to an “unknown trouble” scene. Upon arrival, you observe an individual huddled on the ground. The individual is exhibiting unusual behavior. He is rocking back and forth and appears to be singing to himself. As you approach to determine his condition, the rocking behavior increases. You ask, “Are you hurt?” The individual does not respond to your question. You ask again, “Are you hurt?” As you get closer, the individual’s behavior intensifies; he begins to hit himself in the chest with his hand. What do you do? How do you handle the situation? The best advice in this circumstance is to step back and observe. Does the intensity of the behavior lessen? If it does, you established a comfortable space for the individual and you may deal with him without harm.
Advising you to step back may go against your instinct to approach and intervene. Do not try to stop the behavior; this may escalate the individual’s self-stimulating behavior. For certain individuals with autism, or who are disabled and have special needs, behavior such as this may be a self-soothing and calming mechanism. At this point, responding officers should limit physical contact because such individuals cannot cope with touching. This individual has already demonstrated increased agitation when you got too close. Speak to him in a calm voice; don’t talk loud or yell. At this point, the scene may be under control. Explain that you are there to help.
Understanding that a person with special needs may not be able to respond appropriately is essential. In an intense law enforcement incident or in an encounter with a fire fighter, such an individual may not understand what is happening. They may not be able to effectively communicate and may appear to be more of a threat because of their noncompliance which may be “nonwillful.” As “suspects,” such individuals may not understand commands or instructions. They may be overwhelmed, confused or fearful. They may nod their head in a yes or no manner; however, this may not indicate a consistent yes or no response. They may have difficulty describing facts or details and will often demonstrate confusion. The individual could have a cognitive or verbal impairment. Here, it is important to remember that noncompliance is not the basis for violence.
Cognitive or verbal impairment is not visible. Persons with autism, communication disorders, sensory or processing disorders are more difficult to deal with from a law enforcement perspective, particularly due to a lack of criminal culpability. In short, they have no mens rea (the intention or knowledge of wrongdoing which constitutes part of a crime). An officer faced with this situation in the field needs to first secure the individual for his safety and the safety of the officer and others nearby. In this regard, the initial encounter with the person is the most critical time period. Here, the ability to de-escalate the encounter is of utmost importance and additional training to assist officers in dealing with the disabled in this regard is essential. If the officer is able to effectively respond to and communicate with the individual, the situation may be safely de-escalated.
While dealing with disabled and special needs children is not easy, dealing with adults with special needs or who are disabled is much more challenging. Knowing how to recognize someone with special needs or disabilities is important. Knowing how to effectively and safely respond in the situation is critical. How is this done? The answer is training.
Presently, there are new legislative requirements and administrative initiatives for incidents involving persons with special needs which have been developed and mandated in a majority of states. As a result, this subject has gained new focus and recognition for law enforcement and other first responders across the country.
A new book, the National Law Enforcement Handbook for Special Needs Populations, by Holtz and Morvay, provides essential educational materials and a thorough study guide for all levels of professionals, from law enforcement, fire fighters and other first responders, to prosecutors, municipal attorneys, to academy recruits and college students. It examines the appropriate responses for incidents involving persons with special needs. It includes a focused examination of a variety of disabilities and other special needs, such as physical, mental and psychological, as well as other factors which may require a specialized response. From autism to Alzheimer’s and dementia, mental illness to drug addiction, deaf and hearing impaired to blind and visually impaired, learning disabilities, orthopedic impairments, and breathing issues, it’s all covered.
This new book is available on Amazon or at Barnes & Noble
