Federal Court Delivers Blow to ATF’s Ban on ‘Ghost Guns’

Contact Your Elected Officials
The Epoch Times Header

A federal judge delivered a blow to the Biden administration’s gun control policy by reversing a federal ban on so-called “ghost guns” and argued that the ATF overstepped its authority.

Texas-based United States District Court Judge Reed O’Connor on Friday ruled that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) erred by saying that unfinished gun parts are guns and can, therefore, be regulated. His ruling said that parts aren’t guns under federal law.

“This case presents the question of whether the federal government may lawfully regulate partially manufactured firearm components, related firearm products, and other tools and materials in keeping with the Gun Control Act of 1968,” wrote O’Connor in his order (pdf). “Because the court concludes that the government cannot regulate those items without violating federal law, the court holds that the government’s recently enacted final rule … is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the court vacates the final rule.”

His order also stated that the ATF is trying to regulate a gun component as a “frame or receiver,” even after the agency determined “the component in question is not a frame or receiver.” Elaborating, he wrote: “It may not. Logic dictates that a part cannot be both not yet a receiver and receiver at the same time. Defendants’ reliance on that logical contradiction is fatal to their argument.”

Pro-firearms groups and websites cheered the ruling, saying that it was an attempt to claw back what they described as attempts by the Biden administration to grab guns via federal rulemaking. The case was brought by the Firearms Policy Coalition, a pro-Second Amendment group.

“We’re thrilled to see the Court agree that ATF’s Frame or Receiver Rule exceeds the agency’s congressionally limited authority,” Cody J. Wisniewski, of the Firearms Policy Coalition, said in a statement. “With this decision, the Court has properly struck down ATF’s Rule and ensured that it cannot enforce that which it never had the authority to publish in the first place.”

By Jack Phillips

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Why Illinois Needs Trump NOW!

Gov. J.B. Pritzker and Mayor Brandon Johnson told President Trump “Don’t come to Chicago!” to reduce crime or to help clean up the trash in the city.

Donald Trump’s Appointments Are Being Obstructed

Donald Trump is the only President in history that has had recess appointments blocked by his own party!

Trump Flag-Burning Ban: Unconstitutional, Un-American, and Trifling

Trump signed an EO to criminalize the burning of the American flag — the right to do which having already been adjudicated by the highest court in the land.

Using True Facts of History to Determine What is Right and What is Wrong

The amount of time separating a human act from a truthful description of it is not as important as the veracity of historians bringing it to light.

The Very British Stalemate: British Politics Explained for Americans

The assumption in the minds of American commentators, politicians, and analysts is that the UK has "gone to the dogs" with "woke" political ideology.

FDA Revokes Emergency Authorization for COVID-19 Vaccines

The vaccines are still cleared for a number of...

Tehran Told European Powers Sanctions Would Have Consequences: Iranian Official

Iranian spokesman said delegation from Tehran told negotiators from UK, France, and Germany that triggering sanctions would have consequences.

Judge Accused of Helping Illegal Immigrant Evade Arrest Loses Bid to Drop Charges

Judge in Wisconsin turned down Milwaukee County Judge Dugan’s bid to dismiss her case, clearing way for a trial on charges she obstructed immigration officers.

19 Shot at Catholic Church in Minnesota: Officials

Two children were killed and 17 other people were injured at a Catholic church and school in Minneapolis on Aug. 27, officials said.

Trump’s 50 Percent Tariff on India Takes Effect

President Trump’s additional 25% tariff on India became effective at midnight on Aug. 27, bringing the total rate to 50% on many imports entering the US.

RFK Jr. Says HHS Will Disclose Causes of Autism in September

During a cabinet meeting Secretary of Health and Human Services Robert F. Kennedy Jr. vowed to announce the causes of autism by September.

OMB Head: Trump Admin Eliminating 30 Old Regulations for Each New One

The Trump administration has repealed 30 regulations for each new regulation, Office of Management and Budget Director Russ Vought announced.

FDA Ramps Up Inspections of Shrimp Amid Radioactive Contamination Reports, RFK Jr. Confirms

Health Sec RFK, Jr. said federal health authorities are looking at imported shrimp after FDA issued warnings after potentially radioactive shrimp.
spot_img

Related Articles