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A federal appeals court Thursday tossed part of a rule targeting build at home 'ghost guns' in a case advocates brought, holding the regulation exceeds "limits on agency authority in the name of public policy." The US Court of Appeals for the Fifth Circuit affirmed in part and vacated in part a lower court ruling that the Bureau of Alcohol, Tobacco, Firearms, and Explosives final 'frame or receiver' rule targeting privately made firearms without serial numbers conflicts with the Gun Control Act. "ATF, in promulgating its Final Rule, attempted to take on the mantle of Congress to 'do something' with respect to gun control. But it is not the province of an executive agency to write laws for our nation. That vital duty, for better or for worse, lies solely with the legislature," Judge Kurt D. Engelhardt wrote for the court.https://news.bloomberglaw.com/litigation/ghost-guns-rule-exceeds-aft-authority-appeals-court-holds
A federal appeals court Thursday tossed part of a rule targeting build at home 'ghost guns' in a case advocates brought, holding the regulation exceeds "limits on agency authority in the name of public policy."
The US Court of Appeals for the Fifth Circuit affirmed in part and vacated in part a lower court ruling that the Bureau of Alcohol, Tobacco, Firearms, and Explosives final 'frame or receiver' rule targeting privately made firearms without serial numbers conflicts with the Gun Control Act.
"ATF, in promulgating its Final Rule, attempted to take on the mantle of Congress to 'do something' with respect to gun control. But it is not the province of an executive agency to write laws for our nation. That vital duty, for better or for worse, lies solely with the legislature," Judge Kurt D. Engelhardt wrote for the court.
https://news.bloomberglaw.com/litigation/ghost-guns-rule-exceeds-aft-authority-appeals-court-holds