West Virginia Leads States Against Biden's Ghost Gun Ban

West Virginia has taken the lead in a coalition of 27 Republican-led states urging the Supreme Court to limit the Biden administration's ghost gun ban, which redefines certain weapon parts as firearms. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) implemented the "Frame or Receiver" rule in 2022, expanding the definition of a firearm to include weapon parts kits that can be assembled into functional guns. The Supreme Court is set to hear arguments in the case of Garland v. VanDerStok on October 8, marking one of the first cases of its new term. The coalition's legal brief argues that the ATF has exceeded its authority, asserting that Congress has not prohibited weapons parts kits or classified all individuals handling firearms as dealers. The Biden administration previously sought the Supreme Court's intervention after the U.S. Court of Appeals for the 5th Circuit declined to suspend a lower court ruling against the ghost gun ban. In August, the justices allowed the rule to remain in effect temporarily while the case proceeds, emphasizing that the rule may violate statutory text and agency authority limits. Solicitor General Elizabeth Prelogar warned that upholding the 5th Circuit's ruling could lead to an influx of untraceable ghost guns, undermining public safety and law enforcement efforts. Critics of the regulation, including manufacturers and gun rights advocates, argue that the Biden administration is attempting to alter longstanding legal interpretations and threaten the viability of kit manufacturers and dealers. The coalition includes states such as Alabama, Florida, Texas, and Virginia, all of which are challenging the ATF's authority in this matter, highlighting concerns over the agency's historical disregard for statutory text and legal mandates.