Supreme Court takes up argument over Biden's 'ghost guns'
Joe Biden's manipulation of the nation's gun regulations to create the category of so-called "ghost guns" now is going to be reviewed by the U.S. Supreme Court.
The fight is over a rule fabricated in 2022 by the Bureau of Alcohol, Tobacco, Firearms and Explosives that imposed a new regulatory regime on the "buy build shoot" kits that are available online, or in stores.
Those let buyers built a working firearm.
But bureaucrats contend that process is without any background checks.
The rule already has been struck down by the 5th U.S. Circuit Court of Appeals, but Biden's bureaucrats went immediate to the Supreme Court to gain support for their agenda.
The DOJ claims the Gun Control Act of 1968 permits the rule because it defines a "firearm" to include "any weapon … which will or is designed to or may readily be converted to expel a projectile by the action of an explosive," as well as "the frame or receiver of any such weapon."
A Fox News report said Firearms Policy Coalition President Brandon Combs, who brought the court challenge, explained his organization is pleased the court will hear the case.
"The Fifth Circuit’s decision in our case was correct and now that victory can be applied to the entire country," he told Fox.
The report said ATF is demanding that unfinished pieces of a firearm be considered a completed gun.
The high court, by a single vote, earlier allowed the rule to stay while the lawsuit moves through the judiciary.
"This is an important day for the entire liberty movement. By agreeing to hear our case, the Supreme Court will have the opportunity to put ATF firmly in its place and stop the agency from unconstitutionally expanding its gun control agenda," Combs said. "We look forward to addressing this unlawful rule in the court’s next term."
Plaintiffs in FPC's VanDerStok case include FPC, two individual FPC members, and Tactical Machining, LLC. The parties are represented at the Supreme Court by Cooper & Kirk, Mountain States Legal Foundation, and FPCAF.
"We are delighted that the court has agreed to hear our challenge to ATF’s frames and receivers final rule," noted Second Amendment Foundation chief Adam Kraut. "ATF has continuously exceeded its constitutional authority and violated the separation of powers by creating law – a job reserved exclusively for Congress. It is time for the Supreme Court to remind ATF that it may not do so and affirm the judgment of the Fifth Circuit."
The case dates back to April 2022 when the ATF published its final rule rewriting the law and regulations to make the term "firearm" include objects which are not firearms, along with firearms parts kits, in direct contradiction of Congress’ definition of those terms found in the Gun Control Act of 1968.
"This case typifies the Biden administration’s war on the Second Amendment," added SAF founder and Executive Vice President Alan M. Gottlieb. "Clearly under Joe Biden, the ATF has unilaterally set itself up as the sole authority on firearms regulation, bypassing Congress and arbitrarily changing long-standing regulations to suit the administration’s anti-gun agenda."
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