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Federal Appeals Court Strikes Down Biden ATF ‘Ghost Gun’ Limits – Rules Agencies Cannot ‘Write Laws’. A three-judge panel of the 5th U.S. Circuit Court of Appeals said a 2022 rule aimed at weapons that could be built from parts bought online without a background check exceeded the agency’s authority.
Judge Kurt Engelhardt led the Fifth Circuit in a unanimous decision throwing out the ATF rule.
“ATF, in promulgating its Final Rule, attempted to take on the mantle of Congress to ‘do something’ with respect to gun control,” he continued. “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.” he wrote.
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