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Court of Appeals Rules Biden Administration’s Restrictions on ‘Ghost Guns’ Illegal

On Thursday, a significant decision was made by a federal appeals court regarding the Biden administration’s efforts to regulate self-assembled firearms, often referred to as “ghost guns.” These firearms present a challenge for law enforcement because they lack serial numbers, making them hard to trace.

The court, based in New Orleans and composed of judges appointed by former President Trump, ruled in favor of gun enthusiasts, advocacy groups, and manufacturers. They found that the 2022 regulation introduced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) was not lawful.

This regulation had aimed to tighten the definitions within the 1968 Gun Control Act, specifically concerning what constitutes a “firearm,” “frame,” and “receiver.” This change was an attempt to adapt to the increasing number of ghost guns, which are guns assembled from parts that can be purchased without the usual background checks, either online or in stores.

Judge Kurt Engelhardt, writing on behalf of the appellate panel, criticized the ATF’s regulation for overstepping its bounds. He asserted that the agency’s rule was an overreach, effectively creating new law—a power reserved for Congress, not an executive agency.

The Department of Justice and the ATF have yet to comment on this latest court development, but it is anticipated that the administration will challenge the ruling. They have previously sought the Supreme Court’s involvement to keep the regulations active during ongoing legal battles.

The administration’s stance is that ghost guns pose a significant risk as they are often sought after by individuals who are legally barred from owning firearms, including minors. In 2021, approximately 20,000 suspected ghost guns were linked to criminal activities, marking a sharp increase from previous years.

Cody Wisniewski, representing the plaintiffs from the Firearms Policy Coalition Action Foundation, hailed the decision as a landmark defeat for the ATF and a setback for the current administration’s gun control efforts.