27 states urge SCOTUS to stop Biden's ATF from circumventing Congress through gun owner attacks.
Patrick Morrisey, West Virginia's GOP gubernatorial candidate, labeled the rule as "repulsive overreach."
An amicus brief was filed with the Supreme Court by 27 states, including West Virginia and Montana, urging the court to limit the Biden administration's new frame or receiver rule.
The Bureau of Alcohol, Tobacco, Firearms and Explosives' new rule, which expands the definition of "firearm" to include gun parts such as frames and receivers, is being challenged as an "overreach" by the states through their attorneys general.
The Court should exercise caution when encountering another ATF regulation that claims to provide a novel solution to a persistent issue, as it has been referred to as a "ghost gun" crackdown.
"The Amici States provide a detailed account of the tactics employed by ATF to achieve its objectives, including distorting language, removing words from context, disregarding comments, bypassing APA guidelines, and disregarding the real-world consequences of its actions."
When the feds politicize regulations, states must take action, as stated by West Virginia Attorney General Patrick Morrisey after filing a brief.
The Biden administration's deployment of federal agencies to advance its political agenda will be met with resistance from the states, as they will take action to prevent such overreach, according to him.
"The ATF is being used by the Biden administration as a legislative body instead of enforcing the laws passed by Congress."
The Morrisey, Montana Attorney General Austin Knudsen and other litigants acknowledge that guns can be dangerous when in the wrong hands, but it is Congress that should determine policy and address risks associated with a specific product.
Morrisey, the GOP's nominee for governor, stated that neither the ATF nor this court can impose policy preferences on hot-button issues like these.
Knudsen stated that the ATF rule is a "blatant attack on Americans' right to keep and bear arms."
"As attorney general, I will continue to fight against the Biden-Harris administration's efforts to take firearms from law-abiding citizens and unlawfully use the ATF to do so."
Morrisey stated that the new rule exceeds the limits of what this agency could do, all to advance this administration's anti-Second Amendment agenda.
In 2022, Judge Reed O'Connor, appointed by George W. Bush, issued a preliminary injunction against the rule in favor of plaintiff Jennifer VanDerStok.
The Supreme Court granted a stay against the injunction, enabling the rule to continue in force during the legal proceedings.
According to the Mountain States Legal Foundation, VanDerStok is a magazine writer and a former law enforcement officer who wrote in a column that guns were often manufactured by the user before mass production.
The ability to create and personalize firearms allows us to decide which weapons we will carry, according to the column, referencing the Second Amendment.
The right to craft and customize guns is still protected by the Constitution, despite technological advancements.
The new ATF rule has been criticized for misinterpreting the Gun Control Act of 1968.
The Supreme Court has decided to hear the case in the future.
The Justice Department and the ATF both declined to comment on separate inquiries.
politics
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