US appeals court throws out California, Giffords 'ghost guns' challenge
The panel said California and Giffords failed to show the rule caused them harm, preserving ATF’s treatment of partially completed AR-15 receivers.
- On Friday, the Ninth Circuit dismissed a challenge from California and the Giffords Law Center, ruling the plaintiffs lacked Article III standing to contest the Bureau of Alcohol, Tobacco, Firearms and Explosives rule on unfinished AR-15 receivers.
- Known as 'Example 4,' the ATF regulation specifies that AR-15 components are not firearms if they lack critical machining and completion tools. California and Giffords argued this provision failed to curtail production of illegal, largely untraceable 'ghost guns.'
- Circuit Judge Eric Tung wrote that most alleged damage predated the rule and the court could not base a decision on "speculation" that wrongdoers would exploit the alleged loophole. Evidence of harm proved insufficient for Article III standing.
- A three-judge panel vacated the lower court order and instructed the district court to dismiss the lawsuit without prejudice. The 3-0 ruling preserves the classification of unfinished frames and receivers addressed by Example 4.
- Although the court upheld the ATF rule on procedural grounds, it did not resolve constitutional questions regarding Congress's power to regulate unfinished receivers. The decision does not create a nationwide right to purchase products marketed as an 80% receiver.
9 Articles
9 Articles
Court Dismisses Lawsuit on Ghost Gun Rule Tightness
A federal appeals court rejected a lawsuit by California and Giffords claiming that a rule to control ghost guns isn't stringent enough. The court ruled that harm claims were speculative, following previous judgments on the matter and the constitutional right to bear arms debates.
Ninth Circuit Rejects California, Giffords Challenge to ATF Ghost Gun Rule
The Ninth Circuit dismissed California and Giffords’ challenge seeking broader federal regulation of unfinished receivers for lack of standing. AI-generated photo illustration created for AmmoLand News. The Ninth Circuit has rejected California and the Giffords Law Center’s attempt to force the Bureau of Alcohol, Tobacco, Firearms and Explosives to regulate even more unfinished AR-15 receivers. In State of California v. U.S. Bureau of Alcohol, T…
US appeals court throws out California, Giffords 'ghost guns' challenge
A federal appeals court threw out on Friday a lawsuit by California and the Giffords gun control advocacy group claiming that a Biden administration-era rule to curtail the production of illegal, largely untraceable "ghost guns" was not strict enough.
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