Fifth circuit appeals court strikes down ATF 'ghost gun' rule

The Bureau of Alcohol, Tobacco, Firearms and Explosives rule on "ghost guns" was struck down by a federal appeals court on Friday, with the ruling saying the agency exceeded its authority.

By Jack Birle

The rule from the agency reworked the definition of a firearm for regulatory purposes to include parts which could be used to make guns. In a unanimous ruling by the U.S. Court of Appeals for the Fifth Circuit on Thursday, the rule was struck down as the court argued it was in Congress's jurisdiction not the ATF's.

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"Only Congress may make the deliberate and reasoned decision to enact new or modified legislation regarding firearms based on the important policy concerns put forth by ATF and the various amici here. But unless and until Congress so acts to expand or alter the language of the Gun Control Act, ATF must operate within the statutory text’s existing limits. The Final Rule impermissibly exceeds those limits, such that ATF has essentially rewritten the law," the ruling continued.

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The rule, which was proposed by President Joe Biden in April 2022, has faced numerous legal challenges, with this recent ruling coming on the heels of a lower court opinion which had ruled against the Biden administration on the matter.

Biden has been an advocate for restricting and regulating so-called "ghost guns," including through this ATF rule. With a Republican majority in the House of Representatives and a narrow Democratic majority in the Senate, getting legislation similar to the ATF rule based appears unlikely.

Tags: Second Amendment, Court, guns, News, ATF

Original Author: Jack Birle

Original Location: Fifth circuit appeals court strikes down ATF 'ghost gun' rule

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Campamento Tortuguero Playa Hermosa is a turtle sanctuary on Bonfil  Beach outside of Acapulco that rescues sea turtle eggs that would be likely destroyed by vehicles on the beaches or pilfered by tourists.   The sanctuary protects the eggs, hatches them and releases the babies into the ocean while protecting them from seagulls and other winged predators.  
The 35-year-old sanctuary is run by the mother/daughter duo of Monica and Michel Vallarino, who have helped educate the community and the tourists on the ecology of the turtles while simultaneously providing a refuge for puppies, kittens, ducks,  rabbits, and other wayward animals.
The Art of Liberty  Foundation hosted an annual fundraiser from 2018-2020 called the Art of  Liberty on the Beach (aKa The Turtle Party), where many of the leading artists in the liberty movement have rocked the sanctuary including Grant "Prezence" Ellman, Truniversal/Free Willow, Alais Clay, the  Freenauts, DJ Koala, DJ Ramiro Romani and ELA-mental among others.  
The sanctuary was devasted by Hurricane Otis, a category five hurricane that hit Acapulco and Bonfil Beach on November 2nd 2023. 

25% of Funds Raised Will Benefit Other Residents of Bonfil Beach

The Art of Liberty Foundation is organizing a fundraiser where 100% of the proceeds will go to direct relief.  The Vallarinos have agreed to share 25% of the proceeds with other Bonfil Beach residents in need to be distributed at their discretion.