A federal appeals court on Thursday ruled that the Biden administration lacked the authority to adopt rules aimed at curbing privately-made firearms called “ghost guns” that are difficult for law enforcement to track.
A three-judge panel of the US 5th Circuit Court of Appeals based in New Orleans sided with a group of gun owners, gun rights groups and manufacturers in declaring the Bureau of Alcohol, Tobacco, Firearms and Explosives’ 2022 regulations “invalid”.
The panel, made up entirely of judges appointed by former Republican President Donald Trump, largely upheld the Texas judge’s ruling against the rule, which targets the rapid proliferation of homemade weapons.
The rule updates the definitions of “firearm,” “frame” and “receiver” under the Gun Control Act of 1968 to address the emergence of ghost guns that can be assembled from kits that can be purchased online or in stores without background checks.
US Circuit Judge Kurt Engelhardt, writing for the 5th Circuit panel, said the ATF rule “defies clear statutory text and exceeds the limits imposed by legislation on agency authority in the name of public policy.”
“ATF, in promulgating its final rule, is trying to take up the mantle of Congress to ‘do something’ about gun control,” he wrote. “But it is not the province of the executive agencies to write the laws for our country.”
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Source: thtrangdai.edu.vn/en/
