A federal appeals court ruled Thursday that the Biden administration lacked authority to adopt a regulation aimed at controlling privately manufactured firearms called “ghost guns” that are difficult for law enforcement to track.
A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals sided with a group of firearms owners, gun rights groups and manufacturers in declaring the 2022 rule from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The panel, made up entirely of judges appointed by former Republican 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 “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 purchased online or in a store with no history. check.
U.S. Circuit Judge Kurt Engelhardt, writing for the Fifth Circuit panel, said the ATF rule “flies in contempt of clear statutory text and exceeds the limits imposed by legislation on the agency’s authority in the name of public policy.” .
“ATF, in promulgating its final rule, attempted to take on the role of Congress to ‘do something’ about gun control,” he wrote. “But it is not the purview of an executive agency to write laws for our nation.”
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Source: vtt.edu.vn