Firearms Maker, 17 States Say ATF Rule Violates the Second Amendment
The federal lawsuit filed in North Dakota by Morehouse Enterprises, gun owner Eliezer Jimenez and the prosecutors asks a judge to declare the rule unlawful and issue an injunction prohibiting the ATF from enforcing it.
“The legal tests on which the final rule relies have been resoundingly rejected by the court,” attorneys for the gun dealer wrote.
The rule, which is scheduled to become effective Aug. 24, would require manufacturers of kits to build guns to be licensed. It would also require them to put serial marks on the weapons and keep records of who buys the kits and would make the kits firearms under the Gun Control Act.
Guns made from kits are called “ghost guns” because they don’t have serial numbers used to trace them. Police found 45,240 suspected ghost guns at potential crime scenes from 2016 through 2021, including 692 homicides or suspected homicides.
In June, the Supreme Court threw out the two-part test that federal and state courts have used since a 2008 Supreme Court decision to reject most Second Amendment arguments of gun rights activists.
Trump’s three NRA-approved judges all voted to throw out a 111-year-old New York law that limited who can carry guns on the streets.
“The court changed the entire standard for evaluating Second Amendment claims,” Charles said.