Court Strikes Down Biden’s ‘Ghost Gun’ Limits as Unlawful

A federal appeals court has ruled that the Biden administration overstepped its authority in implementing regulations targeting so-called “ghost guns.” These privately made firearms, which are challenging for law enforcement to trace, have been a focal point of the administration’s efforts to address gun violence.

The New Orleans-based 5th U.S. Circuit Court of Appeals, consisting entirely of judges appointed by former President Donald Trump, declared the Bureau of Alcohol, Tobacco, Firearms and Explosives’ 2022 rule “unlawful.” The ruling aligns with a Texas judge’s decision, emphasizing the regulation’s overreach.

The contested rule sought to update the Gun Control Act of 1968 by redefining key terms like “firearm,” “frame,” and “receiver” to address the growing prevalence of ghost guns assembled from kits available online or in stores without background checks.

U.S. Circuit Judge Kurt Engelhardt, who wrote 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.” He underscored that executive agencies cannot assume the role of legislatures.

The Biden administration is likely to appeal the decision, having previously sought intervention from the U.S. Supreme Court. The Supreme Court had allowed the regulations to stay in effect during ongoing litigation, highlighting the significance of the case.

Ghost guns, which the administration argues attract criminals and individuals prohibited from purchasing firearms legally, have seen a tenfold increase in recoveries by law enforcement, reaching about 20,000 in 2021.

Cody Wisniewski, representing the plaintiffs at the Firearms Policy Coalition Action Foundation, hailed the ruling as a “massive victory against ATF and a huge blow to the Biden administration’s gun control agenda.” The administration’s stance, however, remains that stricter regulations are necessary to curb the proliferation of these untraceable firearms.

The U.S. Department of Justice and ATF have not provided comments on the ruling, but the legal battle is expected to continue, potentially influencing the broader landscape of gun control measures.