2A Victory: Federal Appeals Court Strikes Down Biden ATF ‘Ghost Gun’ Limits – Rules Agencies Cannot ‘Write Laws’
Federal Appeals Court Strikes Down Biden ATF ‘Ghost Gun’ Limits
A federal appeals court delivered a significant blow to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) on Thursday, invalidating a rule aimed at cracking down on “ghost guns.” The rule, which sought to regulate firearms built from parts purchased online without a background check, was deemed to exceed the agency’s authority by a three-judge panel of the 5th U.S. Circuit Court of Appeals.
The ruling, made by judges appointed by former President Donald Trump, is being hailed as a major victory against the ATF and a setback for the Biden administration’s gun control agenda. Cody Wisniewski, a lawyer for the Firearms Policy Coalition Action Foundation, expressed his satisfaction with the decision.
The rule in question redefined the legal definitions of “firearm,” “frame,” and “receiver” as outlined in the Gun Control Act of 1968. However, Judge Kurt Engelhardt, who authored the decision, argued that the power to create laws lies solely with the legislative branch and that the ATF had overstepped its authority.
Judge Engelhardt further criticized the ATF for attempting to take on the role of Congress in shaping gun control policies. He emphasized that an executive agency should not have the power to criminalize conduct without the input of the people subject to its penalties.
In a concurring opinion, Judge Andrew Oldham criticized the ATF’s attempt to replace clear rules with a vague and uncertain balancing test. He argued that law-abiding Americans rely on regulatory certainty to comply with federal gun laws and that the ATF’s rule undermines this certainty.
Despite the court’s ruling, the ATF rule is expected to remain in effect for the time being. The Supreme Court has previously allowed the rule to stand during ongoing legal battles, and it is likely to do the same as the Justice Department appeals the latest decision.
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The Federal Appeals Court ruling striking down the Biden administration’s ATF rule on “ghost guns” is a significant blow to the agency’s gun control efforts. With the rule invalidated, the ATF’s attempt to extend its authority beyond what is permitted by law has been put to a halt.
The rule aimed to regulate firearms that are built from parts purchased online, bypassing the requirement for a background check. The ATF argued that these “ghost guns” pose a threat to public safety as they can be untraceable and fall into the wrong hands. However, the court disagreed, stating that the ATF exceeded its authority in creating such a rule.
Judge Engelhardt, in authoring the decision, emphasized the importance of the separation of powers and the role of Congress in creating laws. He criticized the ATF for attempting to take on the legislative role and stated that an executive agency should not have the power to criminalize conduct without proper input and oversight.
Judge Oldham, in his concurring opinion, raised concerns about the lack of regulatory certainty created by the ATF’s rule. He argued that law-abiding citizens rely on clear rules to comply with federal gun laws, and the vague and uncertain balancing test used by the ATF undermines this certainty.
While the court’s ruling is a victory for those opposing the ATF’s rule, it is expected that the rule will remain in effect for the time being. The Justice Department is likely to appeal the decision to the Supreme Court, and until a final ruling is made, the rule will continue to be enforced.
This ruling highlights the ongoing debate and legal battles surrounding gun control in the United States. It raises important questions about the limits of executive authority and the role of Congress in shaping policies related to firearms. As the Biden administration seeks to implement its gun control agenda, it will face continued resistance and legal challenges from those who believe in the importance of protecting Second Amendment rights.
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