Biden-era 'ghost guns' restrictions are unconstitutional, US judge rules
Judge Reed O'Connor said the rule gave no fair notice and could not be enforced against Defense Distributed or Second Amendment Foundation members.
- On Monday, U.S. District Judge Reed O'Connor declared the Biden administration's 2022 regulation targeting "ghost guns" unconstitutional, ruling it violates the Second Amendment and Fifth Amendment due process guarantees.
- The regulation required manufacturers of firearm kits to mark products with serial numbers and conduct background checks under the 1968 Gun Control Act; O'Connor stated the rule "contradicts the actual historical tradition of personal gunsmithing."
- Finding the rule void for vagueness, the Court enjoined the Justice Department from enforcing specific provisions against Defense Distributed and the Second Amendment Foundation, noting the term "readily" provides no workable standard.
- The permanent injunction covers the M1911 80% Frames and G80 Build Kit, while Everytown Law executive director Eric Tirschwell denounced the decision as "egregiously wrong," expecting the Justice Department to promptly appeal.
- While the Supreme Court upheld the broader measure last year, this ruling addresses specific constitutional arguments regarding the ATF's authority, marking another setback for the Department of Justice's federal gun control efforts.
54 Articles
54 Articles
Federal court strikes down Biden-era ATF ghost gun restrictions
A federal court ruled Biden-era regulations on “ghost guns” are unconstitutional, reigniting a legal battle that made its way to the Supreme Court last year. U.S. District Judge Reed O’Connor, an appointee of former President George W. Bush, found the Bureau of Alcohol, Tobacco, Firearms and Explosives rule, which dealt with firearm kits that allow a person to create a gun at home, violates the Second Amendment and is unconstitutionally vague. T…
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Texas Judge Finds Biden-Era ‘Ghost Gun’ Regulation Unconstitutional, Blocks Enforcement Against Gun-Rights Plaintiffs
A federal judge in Texas ruled that key provisions of the ATF’s 2022 regulation governing unfinished firearm frames, receivers and build kits violate the Second ... The post Texas Judge Finds Biden-Era ‘Ghost Gun’ Regulation Unconstitutional, Blocks Enforcement Against Gun-Rights Plaintiffs first appeared on [your]NEWS.
Gun-Ban Advocates Lose Again, Federal Judge Strikes Down Biden ‘Ghost Gun’ Rule
Biden’s “ghost gun” rule just took a major hit in Texas, with a federal judge finding it violates both the Second and Fifth Amendments. The post Gun-Ban Advocates Lose Again, Federal Judge Strikes Down Biden ‘Ghost Gun’ Rule appeared first on The Truth About Guns.
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