A federal appeals court on Thursday ruled that the Biden administration lacked authority to adopt a regulation aimed at reining in privately made firearms called “ghost guns” that are difficult for law enforcement to trace.

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals sided with a group of firearm owners, gun rights groups and manufacturers in declaring the Bureau of Alcohol, Tobacco, Firearms and Explosives’ 2022 rule “unlawful.”

The panel, comprised entirely of judges appointed by Republican former President Donald Trump, largely upheld a Texas judge’s ruling against the rule, which targeted the rapid proliferation of such homemade weapons.

The rule updated the definition of a “firearm,” “frame” and “receiver” under the Gun Control Act of 1968 to address the rise of ghost guns that can be assembled from kits that can be bought online or at a store without a background check.

U.S. Circuit Judge Kurt Engelhardt, writing for the 5th Circuit panel, said ATF’s rule “flouts clear statutory text and exceeds the legislatively-imposed limits on agency authority in the name of public policy.”

“ATF, in promulgating its final rule, attempted to take on the mantle of Congress to ‘do something’ with respect to gun control,” he wrote. “But it is not the province of an executive agency to write laws for our nation.”

The U.S. Department of Justice and ATF did not respond to requests for comment. But the administration is likely to appeal, after already seeking the U.S. Supreme Court’s intervention in the case.

The Supreme Court had twice before in August and October acted following rulings by the Texas judge and granted requests by the administration that have allowed the regulations to remain in effect while litigation continues.

The administration has said that ghost guns are attractive to criminals and others prohibited from lawfully buying firearms, including minors.

There were about 20,000 suspected ghost guns reported in 2021 to the ATF as having been recovered by law enforcement in criminal investigations — a tenfold increase from 2016, according to the White House.

Cody Wisniewski, a lawyer for the plaintiffs at the Firearms Policy Coalition Action Foundation, in a statement called Thursday’s ruling a “massive victory against ATF and a huge blow to the Biden administration’s gun control agenda.”

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like
Josh Jacobs arrest news: Green Bay Packers running back arrested on charges related to domestic abuse in Brown County, Wisconsin

Green Bay Packers’ Josh Jacobs Faces Domestic Abuse Charges in Brown County, Wisconsin

GREEN BAY, Wis. — Josh Jacobs, a running back for the Green…
Unique phenomenon causing Jersey Shore beaches to resemble tropical waters

Discover the Rare Phenomenon Transforming Jersey Shore Beaches into Tropical Paradises

If you’re dreaming of tropical waters, you might not need to venture…
Tesla road-rager sentenced to seven years in prison after attacking mom and teen in Hawaii

Tesla Driver Faces 7-Year Sentence for Hawaii Road Rage Assault on Mother and Teen

A man known as the “Tesla Road Rage Driver” has been handed…
Missing American’s husband had 'spotty' cell service during 8-hour trek to report disappearance: telecom boss

Mystery Deepens: Sailboat Tracking Disappears for 11 Hours as American Goes Missing in Bahamas

According to information sourced by Fox News Digital, Brian Hooker’s sailboat ceased…
Steve Hilton blames Gavin Newsom for California’s economic struggles

Steve Hilton Criticizes Gavin Newsom for California’s Economic Challenges

Steve Hilton, the front-running Republican contender for the California governor’s seat, has…
The safest vehicles for teen drivers and how much they cost

Top Affordable Cars Ensuring Maximum Safety for Teen Drivers in 2023

Are you preparing to let a teenager take the wheel for the…
Florida deputies solve cold case murder after new DNA evidence and witnesses emerge, police say

Florida Deputies Crack Decades-Old Murder Case with Breakthrough DNA Evidence and New Witness Testimonies, Authorities Report

A decade-long mystery surrounding a murder case has finally been unraveled, bringing…
AG Pam Bondi announces 'all' Epstein files have been released, listing high-profile names

Pam Bondi Diagnosed with Thyroid Cancer Following Departure from Role as Trump’s Advisor: Report

Steve Yates discusses Pam Bondi’s contributions after her removal as attorney general…
Father admits leaving handgun within reach of young daughters before toddler fatally shot baby sister

Father Confesses to Leaving Handgun Accessible, Resulting in Tragic Shooting Incident Involving Young Daughters

In a tragic turn of events in Wichita, Kansas, a father has…
Dems cut ties with scandal-plagued Graham Platner, warn of 'civil war' in party

Democratic Party Faces Internal Turmoil as Scandal-Ridden Graham Platner Sparks ‘Civil War’ Warning

Top Democratic figures and legislators are distancing themselves from Graham Platner, the…
South Carolina Senate rejects Trump's call to redraw congressional map

South Carolina Senate Declines Trump’s Proposal to Redraft Congressional Map

As early in-person voting kicked off on Tuesday for South Carolina’s primaries,…
Minneapolis police chief resigns after interfering with investigation into his conduct, mayor says

Minneapolis Police Chief Steps Down Amid Controversy: Mayor Reveals Investigation Interference

Minneapolis Police Chief Brian O’Hara, brought in to implement reforms following the…