Federal Appeals Court Strikes Down Biden AdministrationATF Overreach
Court rules ATF exceeded its authority by redefining terms to regulate homemade firearms; Justice Department expected to appeal to Supreme Court.
- The Federal Appeals Court has ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority by redefining terms to regulate homemade firearms, also known as 'ghost guns'.
- The ATF rule change aimed to regulate the production and distribution of gun parts and kits which could be easily assembled at home, thereby avoiding regulation and requirements for serial numbers.
- Judge Kurt Engelhardt led the unanimous decision, stating that the ATF attempted to take on the role of Congress in its efforts to control gun use.
- The Justice Department is expected to appeal the decision to the Supreme Court, which has previously allowed the ATF rule to stay in place following lower court rulings.
- The rule was initially introduced by President Biden as a necessary measure for public safety, citing that anyone, including felons, terrorists, and domestic abusers, could assemble a functioning firearm in as little as 30 minutes.