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.

Democrats Are In Disastrous Shape As Midterms Loom

According to CNN's Harry Enten, “The Democratic brand is in the basement. It is total and complete garbage in the mind of the American public.”

A Primer on Conservatism

Conservatism is based on the maintenance and preservation of economic and governmental liberty of the individual citizen to choose what is best for their interests.

Woke Verses Folk Marketing Mayhem

For purposes of this article woke is about 10% of our population while folk is defined as the remaining 90% of our population. 

Late night’s Javan Rhino  

Once upon a time in America, late-night television talk shows were nightly viewing for many following their local news.

MyPillow’s CEO Mike Lindell Wins 2 Court Cases

A federal court tossed the $5M ruling against Mike Lindell, saying arbitrators rewrote the rules of his 2021 Cyber Symposium challenge.

Trump Orders Nuclear Submarines Moved After Former Russian President’s Comments

Trump confirmed he ordered two Nuclear Submarines to be positioned in appropriate regions, in case Putin's inflammatory statements are more than just that.

American Eagle Responds to Critics Over Ad With Sydney Sweeney

In a statement posted on American Eagle’s Instagram account on Friday, the retailer said the ad campaign “is and always was about the jeans.

What to Know About 7-OH, the Synthetic Opioid Derived From Kratom Facing an FDA Ban

Synthetic opioid derived from the kratom plant sold in gummies, tablets, and drink mixes is to be restricted due to concerns it has serious potential for abuse.

Wall Street Review: Stocks Sell Off Amid Confusion Over Economic Data and Fed Policy

After all-time highs for a couple of weeks, U.S. equities retreated on profit-taking and confusion over direction of U.S. economy and monetary policy.

Trump Says Americans Could Get Dividends From Tariff Revenues

President Donald Trump suggested on Sunday that his administration could distribute dividends from tariff revenues to Americans with certain income levels.

Tariff Rates ‘Pretty Much Set,’ Says US Trade Representative

President Trump’s trade representative, Jamieson Greer, said that Americans should expect the administration’s tariff levels to remain where they are.

White House Officials Say Trump Had ‘Real Concerns’ With Top Labor Official Before Firing Her

White House officials said it was necessary to fire former Bureau of Labor Statistics head Erika McEntarfer following release of lower-than-expected jobs report.

Trump Admin Cancels $26 Million Funding for Baltimore-DC Maglev Train Project

The FRA will cancel two grants worth more than $26 million for the Baltimore-Washington Superconducting Magnetic Levitation (SCMAGLEV) project.
spot_img

Related Articles