Twenty-seven states have filed an amicus brief with the Supreme Court urging the court to reject the Biden administration's new frame or receiver rule, which they argue is an overreach of federal authority and an infringement on the Second Amendment.
Twenty-seven states, led by West Virginia and Montana, have filed an amicus brief with the Supreme Court urging the court to "rein in" the Biden administration's new frame or receiver rule. The states allege that the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) new rule, which essentially broadens the definition of "firearm" to include gun parts like frames and receivers, is an "overreach" of federal authority.
States Urge Supreme Court to Rein in ATF Ghost Gun Rule
The states, through their attorneys general, argue that the ATF's new rule is an attempt to circumvent Congress and impose its own policy preferences on the American people. They maintain that Congress is the only body with the authority to make laws, and that the ATF is exceeding its authority by attempting to regulate gun parts.
In their brief, the states describe the ATF's past "machinations" to achieve its desired results, including "erasing ordinary meaning, stripping words from context, ignoring comments, short-circuiting APA requirements, and blinding itself to the real-world consequences of its own actions."
States Urge Supreme Court to Rein in ATF Ghost Gun Rule
The states also argue that the ATF's new rule is a thinly veiled attempt to crack down on so-called "ghost guns," which are firearms that are assembled from parts that do not have serial numbers. The states maintain that ghost guns are not a significant problem, and that the ATF's rule is an unnecessary and burdensome regulation that will only harm law-abiding gun owners.
West Virginia Attorney General Patrick Morrisey said that states must step up when the federal government politicizes regulations. "When the Biden administration continues deploying our federal agencies to further its political agenda, rest assured the states will spring into action to prevent this kind of abhorrent overreach," he said.
States Urge Supreme Court to Rein in ATF Ghost Gun Rule
Montana Attorney General Austin Knudsen added that the ATF rule is another "blatant attack on Americans' right to keep and bear arms." "The Biden-Harris administration is dead set on taking firearms from law-abiding citizens and unlawfully using the ATF to do so. As attorney general, I will continue to fight federal overreach and protect Montanans' rights."
Previously, George W. Bush-appointed federal Judge Reed O'Connor sided with plaintiff Jennifer VanDerStok in 2022, enacting a preliminary injunction against the rule. The Supreme Court ultimately issued a stay against the injunction, allowing the rule to remain in effect amid the litigation.
States Urge Supreme Court to Rein in ATF Ghost Gun Rule
The Supreme Court has announced that its full bench will take up the case in the future. The Justice Department declined comment, and the ATF did not respond to a separate inquiry.
