With the October 8 date looming for hearing arguments on the ATF’s contentious “ghost gun” rule, the U.S. Supreme Court is receiving briefs from Second Amendment organizations.
The agency rewrote the definition of a “firearm” to include unfinished “frames or receivers” more than two years ago. It was April 26, 2022, when the ATF reclassified parts never considered for the “firearm” designation to be added to their purview.
This led to legal action, which will be presented to the high court in less than two months.
The Firearms Policy Coalition (FPC) submitted a Response brief to the court last week detailing precisely how the ATF rule violates the law and should be scrapped.
The gun rights advocacy group noted that national leaders used the ATF as their own rubber stamp outfit to create rules without congressional authority. This is a clear violation of separation of powers and defies the Constitution.
FPC President Brandon Combs recounted the process that brought the controversial case before the Supreme Court. “Every step of the way, courts in our case have held the ATF’s “Frame or Receiver” Rule exceeded the limits of the agency’s authority and definitions found in the statutes enacted by Congress.”
The organization noted that law-abiding U.S. citizens have always enjoyed the right to engage in the traditional hobby of crafting personal firearms. “The Second Amendment both stems from and protects this right, which has utmost support in the nation’s history and tradition. There is no historical tradition of regulating, let alone criminalizing, the self-manufacture of firearms.”
Also at issue is the ATF being permitted to enforce the rule as the case proceeds. This is destroying a traditional niche of gun culture without the legal authority to do so.
The high court has a golden opportunity to strengthen its recent decisions that built roadblocks in front of government overreaches. Another determination against the ATF would send a strong signal that the rule of law is still in force and that government agencies are not to be weaponized against law-abiding citizens.
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