States Urge Supreme Court to Stop Biden's Ghost Gun Rule

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, which they argue is an overreach and a "ghost gun" crackdown.

Washington, D.C. - The U.S. Supreme Court is poised to take up a legal battle over the Biden administration's new rule on "ghost guns," as 27 states led by West Virginia and Montana filed an amicus brief urging the court to strike down the regulation.

The states argue that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) overstepped its authority by broadening the definition of "firearm" to include gun parts like frames and receivers. This move, they contend, is essentially a backdoor attempt to crack down on so-called ghost guns, which are privately manufactured firearms without serial numbers.

States Urge Supreme Court to Stop Biden's Ghost Gun Rule

In their brief, the states accuse the ATF of "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" in order to justify the rule.

West Virginia Attorney General Patrick Morrisey, who is also the GOP candidate for governor, denounced the ATF's actions as "abhorrent overreach." He accused the Biden administration of "politicizing regulations" and said that the states would not hesitate to intervene when federal agencies try to impose their own agendas.

States Urge Supreme Court to Stop Biden's Ghost Gun Rule

"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," Morrisey said.

Montana Attorney General Austin Knudsen echoed Morrisey's sentiments, calling the ATF rule a "blatant attack on Americans' right to keep and bear arms."

States Urge Supreme Court to Stop Biden's Ghost Gun Rule

"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," Knudsen said.

The ATF's new rule was originally blocked by a preliminary injunction from federal Judge Reed O'Connor, who ruled that it exceeded the agency's authority. However, the Supreme Court issued a stay against the injunction, allowing the rule to remain in effect while the case proceeds through the courts.

States Urge Supreme Court to Stop Biden's Ghost Gun Rule

The Biden administration has declined to comment on the states' amicus brief. The ATF has not responded to inquiries.

Critics of the ATF rule argue that it misinterprets the Gun Control Act of 1968 and infringes on the Second Amendment rights of law-abiding citizens. Proponents of the rule, on the other hand, argue that it is necessary to combat the proliferation of ghost guns, which are often used in crimes.

The Supreme Court's decision on the case will have significant implications for the future of gun control in the United States.