A federal appeals court has ruled against the Biden administration's attempt to regulate "ghost guns," privately made firearms without traceable serial numbers. On Thursday, the New
Orleans-based 5th US Circuit Court of Appeals declared the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) 2022 rule as "unlawful."
The court's three-judge panel, all appointed by former President Donald Trump, sided with a coalition of firearm owners, gun rights groups, and manufacturers. The rule, issued by the ATF, aimed to update the definitions of "firearm," "frame," and "receiver" under the Gun Control Act of 1968 to address the growing issue of untraceable, homemade weapons known as ghost guns.
US Circuit Judge Kurt Engelhardt, writing for the 5th Circuit panel, criticized the ATF's rule, stating that it "flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy." He emphasized that executive agencies should not assume the role of Congress in creating laws, reinforcing the separation of powers.
The court's decision underscores the ongoing legal and regulatory challenges surrounding gun control measures in the United States and raises questions about the scope of executive authority in addressing firearm-related issues without congressional involvement. Photo by Chris Potter, Wikimedia commons.