|
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."
(Reporting by Nate Raymond in Boston; Editing by Michael Perry)
[© 2023 Thomson Reuters. All rights
reserved.] Copyright 2022 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content.
|
|
