Federal Appeals Court Rules 'Ghost Gun' Limits Are Unlawful

A federal appeals court ruled that limits targeting "ghost guns" enacted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives are unlawful.

"Ghost guns" are sold online as kits and require the purchaser to assemble them at home. Because the parts were not considered functioning firearms, they could be sold without serial numbers, and the purchasers were not required to undergo background checks.

In 2022, the ATF updated the definitions of the terms "firearm," "frame," and "receiver" under the Gun Control Act of 1968 so "ghost gun" kits would be covered under the law.

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals ruled that the ATF overstepped its authority when updating the definitions.

U.S. Circuit Judge Kurt Engelhardt wrote that the ATF's rule on ghost guns "flouts clear statutory text and exceeds the legislatively imposed limits on agency authority in the name of public policy."

"ATF, in promulgating its final rule, attempted to take on the mantle of Congress to 'do something' with respect to gun control," he added. "But it is not the province of an executive agency to write laws for our nation."

The Department of Justice is expected to appeal the decision. The case is likely to be decided by the Supreme Court.