Staff Reports
The state of West Virginia has taken the lead in rallying a coalition of 27 Republican-led states to push back against the Biden administration’s absurd ghost gun ban, which attempts to redefine certain basic gun parts as firearms. This ridiculous overreach from the Bureau of Alcohol, Tobacco, Firearms and Explosives, dubbed the “Frame or Receiver” rule, merely serves to turn law-abiding citizens into criminals overnight by complicating what it means to own a firearm.
Established in 2022, the ATF’s new rule essentially classifies weapon parts kits and partially completed frames as firearms. Naturally, this has prompted a robust response from West Virginia’s Republican Attorney General Patrick Morrisey, who cleverly criticized the administration’s bureaucratic antics. Instead of upholding laws passed by Congress, the Biden administration has decided to allow unelected officials to redefine gun ownership in the name of “safety.” It’s a classic case of bureaucratic overstep, and Morrisey certainly isn’t shy about pointing it out.
The United States Supreme Court announced its decision this past week to hear a case challenging Joe Biden’s federal regulations targeting so-called “ghost guns.” Read more:https://t.co/xl598bvdpv pic.twitter.com/RKLSD4sjln
— Convention of States (@COSProject) April 29, 2024
The coalition’s legal brief argues that the ATF is playing the role of legislator instead of sticking to its law enforcement duties. It’s quite amusing that a government agency would take it upon itself to create laws when that is precisely the job of Congress. The brief smartly highlights that Congress has not prohibited the very items the ATF is trying to outlaw, like weapon parts kits or bump stocks. Yet here’s the ATF, moonlighting as lawmakers while acting completely above their pay grade.
Last summer, Judge Reed O’Connor from Texas stepped into the ring, ruling that the ATF’s ban went too far. With the 5th Circuit agreeing that the ATF was overreaching—virtually creating laws instead of enforcing them—the stage was set for the Supreme Court to take on this critical issue come October. The Biden administration initially got a temporary thumbs up from the high court to implement the rule, but the conservative justices weren’t entirely on board. Their reluctance hints at a bigger constitutional conversation about whether the executive branch can redefine laws at will.
Meanwhile, U.S. Solicitor General Elizabeth Prelogar argues that allowing the ruling to stand would open the floodgates for ghost guns, posing immense danger to public safety. In a dramatic appeal, she paints a picture of chaos where anyone can assemble a firearm in their garage without a care in the world for background checks. This fearmongering tactic misses the mark; it’s hard to imagine a world where assembling a gun from a kit becomes a widespread menace. The real threat lies in the attempt to erode Second Amendment rights under the guise of public safety while simultaneously attacking manufacturers and dealers who have operated under established law for decades.
As the legal challenges ramp up, states like Alabama, Florida, and Texas have jumped onboard the fight against this overreaching regulation. This coalition stands firm that the resolution of this dispute shouldn’t rest in the hands of bureaucrats or activist judges. They aim to remind the Supreme Court of the limits that Congress has placed on administrative agencies, stressing that it is vital to uphold constitutional governance and prevent the ATF from going rogue.
