The United States Supreme Court agreed to consider whether the Biden Administration can lawfully regulate homemade firearms.
In November of 2023, a three-judge panel in the 5th U.S. Circuit Court of Appeals declared the 2022 rule proposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) “unlawful.”
The Biden Administration appealed and the provisions are currently in effect while litigation continues.
Regulations within the rule require manufacturers and sellers of “80% receiver kits” to obtain licenses, mark the products with serial numbers, conduct background checks, and maintain records.
The 5th Circuit Court of Appeals ruling stated:
“Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will.”
While the Supreme Court’s seemingly conservative majority has backed gun rights in multiple cases, including the landmark Bruen ruling that recognized the Constitution’s Second Amendment includes a right to bear arms outside the home, the homemade firearm case is on a separate legal question.
The legal question relates to the ATF’s regulatory authority, much like the case against bump stocks, which the justices are set to decide in the coming weeks.
Read more at Yahoo.
