- A federal judge has reversed an ATF ban on ghost guns, ruling that the president and his gun agency overstepped their jurisdiction.
- The ruling is likely to be appealed by the Justice Department, following the lifting of a ban on bump stocks.
- Second Amendment advocates cheered the ruling as a victory against executive orders and in favor of congressional legislation.
- The court stated that uncompleted gun parts are not considered guns under the law, which has implications for pistol braces and bump stocks.
- The judge mocked the ATF's claim that gun parts can simultaneously be firearms and be made into firearms.
- The ruling threatens the foundation of the ATF's gun control efforts and sets a precedent for challenging executive bureaucratic overreach.
In a significant blow to President Joe Biden's gun control efforts, a federal judge has ruled that the ATF's ban on ghost guns is unlawful. The judge stated that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded its jurisdiction by going further than Congress in banning partially made guns. This ruling is likely to be appealed by the Justice Department.
This ruling follows the lifting of a ban on bump stocks, and it signals trouble for the administration's latest effort to ban AR-style pistols that use an adjustable brace. Second Amendment advocates have celebrated this ruling as a victory against executive orders and in favor of legislation passed by Congress.
The court's decision also has implications for pistol braces and bump stocks. The ATF had argued that uncompleted gun parts should be considered guns and therefore subject to regulation. However, the court disagreed, stating that parts are not guns under the law. This raises questions about the ATF's regulatory authority over pistol braces and bump stocks.
Attorney General Merrick Garland had previously justified the ATF's rule on gun frames and receivers by claiming to modernize a 1968 law. However, the court mocked the ATF's claim that gun parts can simultaneously be firearms and be made into firearms. The judge stated that a part cannot be both a receiver and not a receiver at the same time, highlighting the logical contradiction in the ATF's argument.
This ruling poses a significant challenge to the ATF's gun control agenda and exposes the flaws in their approach. The court's decision sets a precedent for challenging executive bureaucratic overreach and raises doubts about the ATF's ability to determine what constitutes a firearm. This ruling has the potential to undermine the entire foundation of the ATF's gun control efforts.
The Biden administration now faces a setback in their push for stricter gun control measures. The court's ruling not only invalidates the ATF's ban on ghost guns but also casts doubt on their authority to regulate other firearm-related components. This ruling serves as a reminder that executive agencies cannot surpass their statutory jurisdiction and that legislative action is necessary for significant changes to gun laws.
Second Amendment advocates are pleased with this ruling, as it reaffirms the importance of constitutional rights and the role of Congress in shaping gun policy. This victory demonstrates the power of legal challenges in protecting individual freedoms and holding the government accountable for overreach.
In conclusion, this federal judge's ruling against the ATF's ban on ghost guns is a significant development in the fight for gun rights. The court's decision exposes the ATF's regulatory overreach and calls into question their authority over firearm-related components. This ruling serves as a warning to the Biden administration that executive actions cannot replace legislative action, and it provides a glimmer of hope for Second Amendment advocates fighting for the preservation of constitutional rights.