Federal judge strikes down Team Biden’s ban on ‘ghost guns’

by WorldTribune Staff / 247 Real News July 2, 2023

Team Biden’s assault on the Second Amendment took another devastating blow on Friday as a federal judge struck down an ATF ban on so-called “ghost guns.”

Joe Biden’s attempt to ban ‘ghost guns’ was shot down by a federal judge.

Texas-based U.S. District Court Judge Reed O’Connor said that Team Biden overstepped its jurisdiction and went further than Congress in banning the partially made guns.

“This case presents the question of whether the federal government may lawfully regulate partially manufactured firearm components, related firearm products, and other tools and materials in keeping with the Gun Control Act of 1968,” Judge O’Connor, a George W. Bush appointee, wrote. “Because the court concludes that the government cannot regulate those items without violating federal law, the court holds that the government’s recently enacted final rule … is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the court vacates the final rule.”

Friday’s ruling follows the lifting of a ban on so-called “bump stocks.”

In banning “ghost guns,” the ATF said that uncompleted or unfinished gun parts are guns and can be regulated. The court said parts aren’t guns under the law.

In releasing the rule on gun frames and receivers, Attorney General Merrick Garland last year said he was simply “modernizing” a 1968 law to call the parts guns. The court mocked the assumption that gun parts are at the same time firearms and may be made into firearms.

“The issue in this case is whether ATF may properly regulate a component as a ‘frame or receiver’ even after ATF determines that the component in question is not a frame or receiver. It may not. Logic dictates that a part cannot be both not yet a receiver and receiver at the same time. Defendants’ reliance on that logical contradiction is fatal to their argument,” O’Connor wrote.

At issue are kits that require a purchaser to complete to turn parts into a gun. Typically they are 80% finished and require drilling and assembly before they become weapons. Because they aren’t guns in the legal definition, they do not carry serial numbers, and background checks are not required to buy one.

The Department of Justice will likely appeal O’Connor’s ruling.

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