Opinion: Biden’s attack on ‘ghost guns’ fits a pattern of lawless firearm regulation
During his 2022 State of the Union address, President Joe Biden promised he would “keep doing everything in my power” to eliminate “ghost guns you can buy online and assemble at home.” But Biden actually tried to do something that was not in his power: He purported to ban that previously legal business by administrative decree, provoking a preliminary injunction that was expanded last week.
Two Texas gun owners, a company that sells gun parts, and the Firearms Policy Coalition challenged the ATF rule in a lawsuit they filed on Aug. 11 in the U.S. District Court for the Northern District of Texas. Three weeks later, U.S. District Judge Reed O’Connor concluded that the plaintiffs were right that the ATF had exceeded its statutory authority.
From 1978 to 2022, the ATF’s definition of firearms tracked that language by excluding partially manufactured frames or receivers. The new rule, O’Connor notes, “departs from nearly 45 years of ATF precedent” by classifying such parts as firearms when they are “designed to or may readily be” converted into frames or receivers.
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