US appeals court throws out California, Giffords 'ghost guns' challenge
The panel said California and Giffords failed to show concrete harm from the rule and sent the case back for dismissal without prejudice.
- 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.
13 Articles
13 Articles
Federal Judge Strikes Down Biden Ghost Gun Rule
A federal judge in Texas has ruled that the Biden administration's 2022 regulation targeting so-called "ghost guns" violates both the Second Amendment and the Constitution's guarantee of due process, a decision that could unravel one of the most aggressive firearms restrictions imposed by federal regulators in decades. U.S. District Judge Reed O'Connor, a George W. Bush appointee, sided with the Second Amendment Foundation and another gun rights…
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.
Federal Judge Rules Biden-Era 'Frame and Receiver Rule' Violates Second Amendment
A federal judge has ruled that a Biden-era ATF rule targeting so-called ghost guns violates the Second Amendment and is unconstitutionally vague. Chief U.S. District Judge Reed O’Connor of the […] The post Federal Judge Rules Biden-Era 'Frame and Receiver Rule' Violates Second Amendment appeared first on The Western Journal.
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…
The Daily Caller
Liberal-Leaning Court Says Anti-Gun Group Had No Right To Sue Over Biden Admin Rule
A federal appeals court with a liberal reputation shot down a lawsuit by California and an anti-Second Amendment group, saying they lacked standing.
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