A U.S. appeals court on Friday declared unconstitutional a nearly 158-year-old federal ban on home distilling, calling it an unnecessary and improper means for Congress to exercise its power to tax.
The 5th U.S. Circuit Court of Appeals in New Orleans ruled in favor of the nonprofit Hobby Distillers Association and four of its 1,300 members.
They argued that people should be free to distill spirits at home, whether as a hobby or for personal consumption including, in one instance, to create an apple-pie-vodka recipe.
The ban was part of a law passed during Reconstruction in July 1868, in part to thwart liquor tax evasion, and subjected violators to up to five years in prison and a $10,000 fine.
Writing for a three-judge panel, Circuit Judge Edith Hollan Jones said the ban actually reduced tax revenue by preventing distilling in the first place, unlike laws that regulated the manufacture and labeling of distilled spirits on which the government could collect taxes.
She also said that under the government&#8217;s logic, Congress could criminalize virtually any in-home activity that might escape notice from tax collectors, including remote work and home-based businesses.
&#8220;Without any limiting principle, the government’s theory would violate this court’s obligation to read the Constitution carefully to avoid creating a general federal authority akin to the police power,&#8221; Jones wrote.
The U.S. Department of Justice had no immediate comment. Another defendant, the Treasury Department&#8217;s Alcohol and Tobacco Tax and Trade Bureau, did not immediately respond to a request for comment.
Devin Watkins, a lawyer representing the Hobby Distillers Association, in an interview called the ruling an important decision about the limits of federal power.
Andrew Grossman, who argued the nonprofit&#8217;s appeal, called the decision &#8220;an important victory for individual liberty&#8221; that lets the plaintiffs &#8220;pursue their passion to distill fine beverages in their homes.&#8221;
&#8220;I look forward to sampling their output,&#8221; he said.
The decision upheld a July 2024 ruling by U.S. District Judge Mark Pittman in Fort Worth, Texas. He put his ruling on hold so the government could appeal.
(Reporting by Jonathan Stempel in New York; Editing by Bill Berkrot)

Alcohol

From Felony To Freedom: A Century-Old Rule On Liquor Just Collapsed

Bureau of Alcohol Tobacco and Firearms (ATF)

courts

food

U.S.

The Justice Department is investigating the shooting of conservative commentator Charlie Kirk on Wednesday during an event at Utah Valley University.
Kirk, the founder of Turning Point USA, was shot while hosting one of his signature events at the college campus in Orem, Utah. According to sources at the event, Kirk appeared to be hit in the neck area by a single gunshot. He was hospitalized. His condition is unknown.
Shortly after the shooting, FBI Director Kash Patel said that federal agents were en route to the scene. 
“We are closely monitoring reports of the tragic shooting involving Charlie Kirk at Utah Valley University. Our thoughts are with Charlie, his loved ones, and everyone affected,” Patel <a href="https://x.com/FBIDirectorKash/status/1965851035467132940">posted</a>. “Agents will be on the scene quickly and the FBI stands in full support of the ongoing response and investigation.”
<blockquote class="twitter-tweet">
We are closely monitoring reports of the tragic shooting involving Charlie Kirk at Utah Valley University. Our thoughts are with Charlie, his loved ones, and everyone affected. Agents will be on the scene quickly and the FBI stands in full support of the ongoing response and…
— FBI Director Kash Patel (@FBIDirectorKash) <a href="https://twitter.com/FBIDirectorKash/status/1965851035467132940?ref_src=twsrc%5Etfw">September 10, 2025</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Within ten minutes of Patel’s post, Attorney General Pam Bondi confirmed that FBI and ATF agents were at the campus. 
“FBI and ATF agents are on the scene. PRAY FOR CHARLIE,” Attorney General Pam Bondi said. 
Deputy Attorney General Todd Blanche said the Justice Department would be investigating the attack. 
“Praying for my friend Charlie Kirk during this difficult time. The Department is actively investigating this senseless act of violence,” Blanche said. 
A spokeswoman for the university said that the suspect fired at Kirk from about 200 yards away from a building called the Losee Center, The New York Times <a href="https://www.nytimes.com/live/2025/09/10/us/charlie-kirk-shot-utah">reported</a>. The shooter remains at large, according to multiple reports. 
Utah Governor Spencer Cox said that he was being briefed on “the violence directed at Charlie Kirk during his visit to Utah Valley University today.”
“Those responsible will be held fully accountable. Violence has no place in our public life. Americans of every political persuasion must unite in condemning this act. Our prayers are with Charlie, his family, and all those affected,” Cox added.

Press conference at White House

Feds To Take Over Investigation Of Charlie Kirk Shooting

charlie kirk

department of justice

kash patel

Pam Bondi

On Monday, FBI Director Kash Patel was reportedly <a href="//65D74AA4-6479-4E36-8531-55EAA603B36D/v" target="_blank" rel="noopener">sworn in</a> as acting chief of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Last week, Attorney General Pam Bondi fired ATF chief counsel Pamela Hicks, <a href="//65D74AA4-6479-4E36-8531-55EAA603B36D/v" target="_blank" rel="noopener">saying</a>, “These people were targeting gun owners. Not going to happen under this administration.”
In March 2023, the Oversight Committee’s Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs and the Judiciary Committee’s Subcommittee on Crime and Federal Government Surveillance discussed with expert witnesses how the ATF under the Biden administration <a href="https://oversight.house.gov/release/joint-hearing-wrap-up-biden-administration-has-weaponized-the-atf-to-target-law-abiding-americans-turn-them-into-criminals%EF%BF%BC/#:~:text=The%20Biden%20Administration%20has%20weaponized,by%20the%20Administration%20guiding%20them." target="_blank" rel="noopener">reversed guidance</a> that protected gun owners. The committee said the ATF was “potentially subjecting individuals and small businesses to felony prison sentences and exorbitant fines if they do not comply with a new final rule.”
Rep. Scott Perry (R-PA) pointed out that the ATF’s final rule targeted law-abiding gun owners while violent criminals who never registered their illegally obtained firearms were not targeted. He asked attorney Matthew Larosiere, “Do folks that kill other people apply for permits when getting a gun?”
“Certainly not in my experience,” Larosiere responded.
“Do criminals go out to their local gun shop and fill out the paperwork, and pray to the good lord that they’re not found out to be criminals when they purchase a gun,” Perry pressed. “I think it would be odd for them to do that, so no,” Larosiere answered.
In May 2024, over 20 states sued the Biden Department of Justice and the Biden administration ATF, accusing them of rewriting the definition of which people were required to become a federal firearms licensee. “Until now, only those who repetitively purchased and sold firearms as a regular course of business had to become a licensee,” they <a href="https://arkansasag.gov/wp-content/uploads/2024-05-01-Kansas-Arkansas-Iowa-Montana-Filemarked-ATF-Complaint.pdf" target="_blank" rel="noopener">wrote</a>. “But through the Final Rule, defendants will now presume that anyone who sells or resells even one firearm with the intent to profit (no matter how little), combined with other (nebulously defined) evidence, is a firearms dealer who must become a licensee. This would put innocent firearms sales between law-abiding friends and family members within the reach of federal regulation. Such innocent sales between friends and family would constitute a felony if the seller did not in fact obtain a federal firearms license and perform a background check.”

Kash Patel’s Judiciary Hearing in Washington DC

Kash Patel Reportedly Sworn In As Acting ATF Chief

Executive

politics

trump administration

U.S. Attorney General Pam Bondi on Thursday fired Pamela Hicks, the general counsel for the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
&#8220;Earlier today, I was served official notice from the Attorney General of the United States that I was being removed from my position as the Chief Counsel of ATF and my employment with the Department of Justice terminated,&#8221; Hicks said in a statement on social media confirming the news.
&#8220;I have had the privilege of serving in the federal civil service for almost 28 years, including 23 as an attorney for the Department of Justice,&#8221; Hicks continued. &#8220;Serving as ATF Chief Counsel has been the highest honor of my career and working with the people at ATF and throughout the Department has been a pleasure.&#8221;
Gun Owners of America said that Hicks &#8220;oversaw the enforcement of every Biden infringement of the Second Amendment since taking the position in 2021.&#8221;
<blockquote class="twitter-tweet">
🚨BREAKING🚨
ATF’s Chief Counsel Pamela Hicks has been fired and escorted out of the Washington, D.C. headquarters.
Hicks oversaw the enforcement of every Biden infringement of the Second Amendment since taking the position in 2021. <a href="https://t.co/Cvg8HN2gvP">pic.twitter.com/Cvg8HN2gvP</a>
— Gun Owners of America (@GunOwners) <a href="https://twitter.com/GunOwners/status/1892680302876574208?ref_src=twsrc%5Etfw">February 20, 2025</a></blockquote>
The news comes after the FBI&#8217;s general counsel resigned earlier this month as the Trump administration seeks fresh faces to serve in key positions over the next four years, The Washington Post <a href="https://www.washingtonpost.com/national-security/2025/02/20/atf-general-counsel-fired-pam-hicks/" target="_blank" rel="noopener">reported</a>.
The firing comes after President Donald Trump ordered this week that all remaining Biden-era United States Attorneys be fired — a move that is common when a new administration takes over.
“Over the past four years, the Department of Justice has been politicized like never before,” Trump wrote on social media. “Therefore, I have instructed the termination of ALL remaining ‘Biden Era’ U.S. Attorneys. We must ‘clean house’ IMMEDIATELY, and restore confidence. America’s Golden Age must have a fair Justice System — THAT BEGINS TODAY!”

US-POLITICS-CPAC

Pam Bondi Fires Top ATF Official As Trump Admin Guts Biden Officials Throughout Government

biden administration

For those who are fans of DEI, yesterday will go down in infamy. It was, you might say, the DEI Pearl Harbor. At 5:00pm, all DEI offices within the federal government closed down. Employees were put on leave, as the first step towards mass-layoffs. The DEI section of every major federal website went offline. The heads of every DEI office in the federal government were rounded up, chained to giant boulders, and tossed into the sea. That last part didn’t happen, but a man can dream.
Back in reality, however, the Office of Personnel Management sent out a notice to the head of every federal agency, instructing them to ask employees, &#8220;if they know of any efforts to disguise&#8221; DEI programs or personnel in the federal government. Employees have 10 days to disclose any disguised DEI programs or personnel that they&#8217;re aware of. Almost immediately, one of these disguises became pretty apparent. It was visible to anyone who checked out the Leadership page of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Specifically, there was an unusual change to the title of one senior official at the ATF. Here&#8217;s how the bureau’s leadership page looked at the beginning of the week:
<div id="attachment_864589" style="width: 471px" class="wp-caption aligncenter"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-864589" class="wp-image-864589 size-large" src="https://dw-wp-production.imgix.net/2025/01/Gh7UsErWcAEkt6P-461x576.jpeg" alt="Screenshot: ATF" width="461" height="576" srcset="https://dw-wp-production.imgix.net/2025/01/Gh7UsErWcAEkt6P-461x576.jpeg 461w, https://dw-wp-production.imgix.net/2025/01/Gh7UsErWcAEkt6P-240x300.jpeg 240w, https://dw-wp-production.imgix.net/2025/01/Gh7UsErWcAEkt6P.jpeg 720w" sizes=" (max-width: 461px) 100vw, 461px" />Screenshot: ATF</div>
As you can see, a woman named &#8220;Lisa T. Boykin&#8221; is listed as the Chief Diversity Officer at the ATF. Why does the ATF need a Chief Diversity Officer? What was this person doing every day? Well, who knows. She was collecting a paycheck, at least. We know that. Now that’s supposed to change. But the only change the ATF actually made was in the meaningless title they gave this person. Sometime in the last 48 hours, the page changed. Here&#8217;s what the ATF&#8217;s Leadership Page looks like now:
<div id="attachment_864591" style="width: 471px" class="wp-caption aligncenter"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-864591" class="wp-image-864591 size-large" src="https://dw-wp-production.imgix.net/2025/01/Gh7UsErW0AABmhh-461x576.jpeg" alt="Screenshot: ATF" width="461" height="576" srcset="https://dw-wp-production.imgix.net/2025/01/Gh7UsErW0AABmhh-461x576.jpeg 461w, https://dw-wp-production.imgix.net/2025/01/Gh7UsErW0AABmhh-240x300.jpeg 240w, https://dw-wp-production.imgix.net/2025/01/Gh7UsErW0AABmhh.jpeg 720w" sizes=" (max-width: 461px) 100vw, 461px" />Screenshot: ATF</div>
Now Lisa Boykin is merely a, &#8220;Senior executive.&#8221; She&#8217;s no longer the &#8220;Chief Diversity Officer.&#8221; Overnight, she has been graced with a much more generic, completely inconspicuous title. There was no press release about this. They just changed it. Check back tomorrow and the ATF will probably put fake glasses and a mustache on Lisa Boykin and claim her name is really &#8220;Larry Soykin&#8221; or something. These DEI activists aren&#8217;t completely out of ideas. But very soon, they will be completely out of the federal government — at least, that’s the plan.
As recently as a few months ago, a purge like this seemed very difficult to imagine. And it was particularly hard for people on the Left to imagine. When we filmed &#8220;<a href="https://www.dailywire.com/videos/am-i-racist">Am I Racist?</a>&#8220;, the DEI activists we spoke to — from Robin DiAngelo on down — were overconfident to the point of absurdity. That&#8217;s one of the reasons we were able to make the film. People always ask how we managed to get the race hustlers and DEI scammers in a room with us. The answer is that we used their own egos and false sense of security against them. They just couldn&#8217;t imagine that anyone would ever challenge them or try to embarrass them. That’s the bubble they were in. And now it’s safe to say that the bubble has been pretty well popped.
<h3><a href="https://www.amiracist.com/?_gl=1*jtghwp*_gcl_au*ODQ1NjYzNTg2LjE3Mjg5MDk3OTE.*_ga*MTc2NzM0NDQ2NS4xNzI4OTA5Nzkx*_ga_CZKR9ZYKJP*MTczMDEyMDgwOS40OS4xLjE3MzAxMjA4MzkuMzAuMC4w" target="_blank" rel="noopener">MATT WALSH&#8217;S &#8216;AM I RACIST?&#8217; NOW STREAMING ON DAILYWIRE+</a></h3>
Now, in fact, their entire industry is crashing down — and not just in the government. The executive orders that Donald Trump has signed are far broader than that. One of the orders, for example, is <a href="https://www.whitehouse.gov/presidential-actions/2025/01/ending-illegal-discrimination-and-restoring-merit-based-opportunity/" target="_blank" rel="noopener">entitled,</a> &#8220;ENDING ILLEGAL DISCRIMINATION AND RESTORING MERIT-BASED OPPORTUNITY.&#8221;
And this order explicitly applies to DEI in the private sector.
<blockquote>I further order all agencies to enforce our longstanding civil-rights laws and to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities. &#8230; Each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars.</blockquote>
In other words, the federal government is gearing up to launch investigations into private-sector entities — whether they&#8217;re a university or a hospital or a corporation — that engage in DEI. According to the order, that includes any organization that employs, &#8220;dangerous, demeaning, and immoral race- and sex-based preferences.&#8221;
The order goes on to revoke an executive order signed by President Lyndon Johnson, which required that federal contractors and the federal government take affirmative action to boost certain candidates based on race, color, religion, and national origin. This has been the law of the land for generations, and no Republican president until now has considered the possibility of ending it. But this time around, the second Trump administration came prepared. It&#8217;s one of the first things they got rid of. 

<h3><a href="https://www.dailywire.com/episode/ep-1521-the-matt-walsh-show" target="_blank" rel="noopener">WATCH: The Matt Walsh Show</a></h3>
And the importance of that decision can&#8217;t be overstated. For decades, the requirement that federal contractors practice affirmative action has forced companies to compare their workforce with the demographic composition of the surrounding community. And then they had to alter their hiring practices to try to find more so-called minority candidates. It&#8217;s led to an enormous amount of fraud and waste and inefficiency — and that&#8217;s not even getting into how unethical and unconstitutional it was.
But that&#8217;s all gone now, at least at the federal level. Trump&#8217;s order forbids the federal government from, “allowing or encouraging federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.”
Additionally, all federal agencies have to require every grant recipient to, “certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.” Within 120 days, the attorney general will also outline requirements for colleges and universities, concerning their DEI programs.
This is obviously a sweeping order — one that affects hundreds of billions of dollars in government spending. It&#8217;s very bad news for universities like Harvard, and other bastions of Left-wing orthodoxy. It&#8217;s the kind of order that you&#8217;d expect would lead to a lot of wailing and gnashing of teeth on the Left. And certainly that is happening to some extent. But there’s been an interesting wrinkle. 
As Chris Rufo <a href="https://x.com/realchrisrufo/status/1881929726874521740" target="_blank" rel="noopener">reported</a> yesterday: &#8220;Tech executives are telling me that Silicon Valley companies will respect President Trump’s ban on discriminatory DEI. Many feel relieved that they don’t have to pretend anymore. &#8216;Resistance here is basically dead.'&#8221;
In other words, according to Rufo’s reporting, these executives were experiencing a kind of Stockholm Syndrome for the past several years. They knew that DEI was destructive for their business. They wanted it to go away. But they felt they had no choice but to endorse it, because on top of the legal requirements, they didn&#8217;t want to upset Left-wing activists and the corporate media. They lacked the spine to stand up for their own business interests. They felt trapped, so they went along with it. This may sound like convenient excuse-making, but it actually sounds very plausible. After all, tech companies care the most about making money. You don’t become a tech billionaire without understanding how to turn a profit. DEI is obviously and self-evidently bad for business because it forces you to hire people who are not qualified for the job. It actually makes perfect sense that these companies would be relieved to be done with it. It’s not an excuse, though. If anything it just makes them look worse. DEI proliferated not because all of these companies believed in it. But because they were all cowards who didn’t have the gumption to speak out, even for the sake of their own economic self-preservation.
It&#8217;s worth asking whether this response applies to the Left more broadly. One of the most fascinating things about Trump&#8217;s full scale assault on gender ideology and DEI in government is the relative lack of Left-wing hysteria over it. Certainly there has been plenty of whining and scolding about it. But there haven&#8217;t been protests in the street or widespread panic. The outrage — from my vantage point — hasn’t quite reached the fever pitch you would have expected. Even the media, from what I can tell, seems to be relatively muted (by their very low standards) in their reaction. Here for example is a decidedly low-energy segment from MSNBC the other day. You&#8217;d think they&#8217;d be up grabbing their pitchforks because of the return of fascism to America. But instead, this is what they came up with:
<iframe loading="lazy" title="00ff" width="500" height="281" src="https://www.youtube.com/embed/86dK2sQfzn4?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe>
So they certainly don&#8217;t approve of Trump’s policies. But you wouldn’t call that a hysterical meltdown. The anchor cites that <a href="https://www.youtube.com/watch?v=imLMG7C6oF4">fake McKinsey study</a> about how DEI supposedly improves companies, which we&#8217;ve talked about and debunked many times before. And then the reporter says conservatives want to take us back to colorblind, merit-driven society, as if that&#8217;s a bad thing. But it is, again, a bit low energy. Contrast this with the hysteria in the days after Trump&#8217;s first inauguration, and there&#8217;s really no comparison. Back then, everything Trump did was part of a Russian plot to destroy American democracy. Everything was cause for panic. Everything was a five alarm fire.
This has been the response to pretty much all of Trump&#8217;s executive orders — from his <a href="https://www.cbs42.com/hill-politics/trump-orders-faa-to-terminate-dei-hiring-efforts/">order</a> ending DEI at the FAA, to his order <a href="https://www.youtube.com/watch?v=HTBFEsUfKik&amp;t=1s">declaring</a> that indeed, there are only two genders, and that gender ideology is dead. This is the most far reaching executive assault on Left-wing ideology ever launched by any president. There isn’t a close second. It is truly unprecedented. And yet the Left’s reaction hasn’t matched the moment. Especially by their normal standards of hysteria. Why is that?
The lack of mass protests in the street may be easy enough to explain. It’s very cold. We know that Left-wing activists are very dedicated to their causes, as long as that dedication doesn’t require them to endure even the slightest bit of discomfort. Also you’d probably have to pay the protesters more than their usual rate, given the weather conditions. Maybe it’s more than George Soros is willing to shell out. But that’s not the whole story.
There is also, as we’ve discussed this week, a kind of emotional burnout. The Left has been screaming hysterically about Trump for ten years. It’s just not possible to keep up that level of performative outrage indefinitely. Eventually you lose a bit of steam. On top of that, the Left is in organizational and ideological disarray. They have no clear leader. No clear agenda. No clear political identity. All of that serves to mute the response to these moves by Trump.
But on top of all of those factors, I also have to wonder if at least some on the Left are maybe, to some extent, even if subconsciously, sort of relieved to be done with DEI, gender ideology, and the rest. After all, these things are so absurd on their face that almost no one could have ever really, truly believed in them. Almost no one wants to be in the position of having to defend some crossdressing man who&#8217;s crying because he can&#8217;t disrobe in the women&#8217;s changing room. Almost no one actually thinks it&#8217;s a good idea to prioritize diversity in air traffic control hiring. DEI and gender ideology require a suspension of basic common sense so extreme that few people could ever achieve it. Everyone else was just pretending. We have suffered through an era of American history where millions of people were pretending to believe the most absurd propositions ever put forward. Now that the cultural tide has changed, the pressure to pretend has been greatly lifted. The true believers in DEI and gender ideology now look around to discover that they are without allies. Trans activists and DEI race hustlers were holding all of those people hostage. But the Right’s political and cultural victories have taken away their ammunition. It is hard to keep your hostages in line when they find out that your gun has no bullets. In other words, for some who ostensibly appeared to be “on the Left,” we are their liberators.
That’s just a theory anyway. I believe there’s an element of this, at least for some on the Left. I certainly think it’s the case for business owners and corporate America. But regardless, one thing we know for sure is that this somewhat eerie lull won’t last. The true believers and powers that be on that side of the fence aren’t going to abandon their agenda. They won’t surrender to the Right and call it a day. They’ll regroup and probably come back with something even crazier than DEI and gender ideology. That’s what we can assume, if history is our guide. And it should be.
In the meantime, the fact is that pretty much everyone in this country — including anyone who flies on a plane, who sends a child to college, or applies for a job or a federal contract — is already benefiting from the second Trump administration. This is the swift restoration of sanity that a majority of Americans voted for. Common sense has made a comeback. Team Sanity is winning for the moment. But Team Insanity will be back. And it’s up to us to be ready for them.

Trump Signs Executive Actions Related To Cryptocurrency, AI

Trump Wages All Out War On DEI

Diversity Equity and Inclusion (DEI)

donald trump

Federal Government

Matt Walsh

opinion

President Trump

The deadly wildfire that killed 102 people and caused $5.5 billion in damages last year in <a href="https://www.dailywire.com/topic/hawaii" target="_blank" rel="noopener">Hawaii</a> was caused by a downed power line, according to a report released Wednesday from local and federal investigators. 
Officials with the Maui Fire Department and the ATF both <a href="https://www.mauicounty.gov/DocumentCenter/View/149693/FI23-0012446-Lahaina-Origin-and-Cause-Report_Plus-Appendix-A-B-C-Redacted" target="_blank" rel="noopener">said</a> that the August 8 fire that blazed through the island was determined to be one fire that arose from a “single origin and cause.” The investigators said the fire had a morning and afternoon phase and ruled it accidental. 
“The cause of the fire was the re-energization of broken utility lines which caused the ejection of molten metallic material (sparks) to fall to the base of pole 25, igniting the unmaintained vegetation below,” the report from the Maui Fire Department said, noting this happened at 6:34 a.m. 
A separate, but similar report from the ATF was attached as an appendix to the Maui Fire Department report. Both reports identified the same cause. 
Investigators added that the firefighters believed the blaze had been extinguished after they responded the morning of August 8. 
“Following the morning phase of the fire, all available indications showed the fire fully contained and extinguished—no flames, no smoke, and no perceptibly combusting material had been observed for hours,” the report said. “Despite the extraordinary diligence of personnel and the significant number of resources at the scene, undetected smoldering material from the morning phase of the fire initiated the afternoon phase of the fire in a gully adjacent to the existing fire area at [2:52 p.m.].”
The report said the surrounding vegetation made up of a variety of local grasses was highly flammable. The fire spread quickly due to “extreme winds” and most severely impacted Lahaina in West Maui. 
Investigators said there was no evidence that the fire was a result of intentional human activity or caused by lightning. 
<a href="https://www.amiracist.com/" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.amiracist.com/&amp;source=gmail&amp;ust=1726313279401000&amp;usg=AOvVaw115_qPFFEePDP86-Fvo-Vd">Am I Racist? Is In Theaters NOW — Get Your Tickets Here!</a>
When commenting on the report, Assistant Maui Fire Chief Jeffrey Giesea said there was no blame for the firefighters who responded to the morning blaze.
“We want to make abundantly clear to the community that our firefighters went above and beyond their due diligence to be as confident as they could be that the fire was completely extinguished before they left the scene,” he <a href="https://www.hawaiinewsnow.com/2024/10/02/today-report-cause-origin-maui-wildfires-be-released/">said</a>.
State and local officials came under intense scrutiny over their handling of the fire. Some survivors <a href="https://www.dailywire.com/news/maui-fire-survivors-say-authorities-blocked-only-paved-road-out-of-lahaina-as-town-burned-report" target="_blank" rel="noopener">said</a> that police blocked roads leading away from the blaze, causing a traffic jam as people attempted to escape. 
Earlier this year, Hawaii Governor Josh Green <a href="https://governor.hawaii.gov/newsroom/office-of-the-governor-news-release-gov-green-announces-4-billion-global-settlement-in-principle-to-resolve-maui-wildfire-lawsuits/" target="_blank" rel="noopener">announced</a> a $4 billion settlement to resolve a host of lawsuits brought by victims of the fire against a number of parties, including the state, county, and Hawaiian Electric company.

Over One Hundred Killed In Maui Wildfire Leaving The Town Of Lahaina Devastated

Investigators Identify Cause Of Deadly Maui Wildfire That Killed More Than 100

General

hawaii

Maui

Wildfires

President <a href="https://www.dailywire.com/topic/joe-biden" target="_blank" rel="noopener">Joe Biden</a> delivered remarks on Tuesday at gun control advocacy group Everytown&#8217;s annual conference, Gun Sense University — and as is often the case when Biden speaks about guns, critics were quick to point out a series of factual errors.
Biden&#8217;s comments, which came within hours of his embattled son Hunter Biden&#8217;s conviction on several gun-related felonies, included a few of his oft-repeated — and already debunked — claims, in addition to a few new additions.
Greg Price noted several mistakes that Biden whipped through in under a minute — from debunked claims about his alleged history as a professor to the assertion that the Second Amendment was written in a time when individuals were not permitted to own cannons.
&#8220;Joe Biden in less than a minute,&#8221; Price began, adding, &#8220;Claims he was a professor at Penn, which he never was; Claims he taught a constitutional law class on the second amendment, which he never did; Says that you couldn&#8217;t own a cannon when 2A was implemented, which you could; And ends by failing miserably to say the phrase &#8216;the tree of liberty is watered with the blood of patriots.'&#8221;
<blockquote class="twitter-tweet">
Joe Biden in less than a minute:
&#8211; Claims he was a professor at UPenn, which he never was 
&#8211; Claims he taught a constitutional law class on the second amendment, which he never did 
&#8211; Says that you couldn&#8217;t own a cannon when 2A was implemented, which you could 
&#8211; And ends by… <a href="https://t.co/64nA2qwmW0">pic.twitter.com/64nA2qwmW0</a>
— Greg Price (@greg_price11) <a href="https://twitter.com/greg_price11/status/1800601727789322578?ref_src=twsrc%5Etfw">June 11, 2024</a></blockquote>
&#8220;There has never been a time that says you could own anything you want. Never. You couldn’t own a cannon during the Civil War. No, I’m serious. Think about it,&#8221; Biden said — but as the New York Post <a href="https://nypost.com/2024/06/11/us-news/biden-botches-thomas-jefferson-quote-and-claims-americans-couldnt-own-cannons-during-the-civil-war/" target="_blank" rel="noopener">reported</a>, the few laws passed regarding cannons during the 19th century were primarily focused on &#8220;limiting where they could be discharged, restricting the sale of the weapon to children and regulating how gunpowder could be stored.&#8221;
It is still legal to own Civil War era cannons in the United States.
<blockquote class="twitter-tweet">
A fact check on Biden’s speech today, one I have done many times: You can own a cannon. <a href="https://t.co/LIuLje5bm0">pic.twitter.com/LIuLje5bm0</a>
— Katie Pavlich (@KatiePavlich) <a href="https://twitter.com/KatiePavlich/status/1800610638357504287?ref_src=twsrc%5Etfw">June 11, 2024</a></blockquote>
And as for the late President Thomas Jefferson&#8217;s quote — &#8220;The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants&#8221; — Biden&#8217;s version was as follows: &#8220;How much have you heard this phrase, ‘the blood of liberty … washes those’ – give me a break.&#8221;
GunOwners of America added a few more infractions to Price&#8217;s list:
&#8220;Oh don&#8217;t forget @JoeBiden also: Said Americans would need F-15s to resist his tyrannical government (You wouldn&#8217;t); Claimed the firearm industry is the only industry with immunity (They aren&#8217;t); Claimed that guns kill more children than car accidents and cancer combined (They don&#8217;t); Got the name of the federal agency responsible for gun control wrong (AFT).&#8221;
<blockquote class="twitter-tweet">
Oh don&#8217;t forget <a href="https://twitter.com/JoeBiden?ref_src=twsrc%5Etfw">@JoeBiden</a> also:
&#8211; Said Americans would need F-15s to resist his tyrannical government (You wouldn&#8217;t) 
&#8211; Claimed the firearm industry is the only industry with immunity (They aren&#8217;t) 
&#8211; Claimed that guns kill more children than car accidents and cancer combined… <a href="https://t.co/r5ERatCJBX">https://t.co/r5ERatCJBX</a>
— Gun Owners of America (@GunOwners) <a href="https://twitter.com/GunOwners/status/1800618321458388997?ref_src=twsrc%5Etfw">June 11, 2024</a></blockquote>
Biden also repeated his call to ban &#8220;assault weapons,&#8221; saying that he did not understand who needed a magazine that could &#8220;hold 200 shells.&#8221;
<blockquote class="twitter-tweet">
Biden (again) calls for a ban on &#8220;assault weapons,&#8221; which he later calls &#8220;weapons of war.&#8221;
&#8220;Who in God&#8217;s name needs a magazine that can hold 200 shells?&#8221; he adds. <a href="https://t.co/SriVyyU1SJ">pic.twitter.com/SriVyyU1SJ</a>
— Townhall.com (@townhallcom) <a href="https://twitter.com/townhallcom/status/1800602416724750430?ref_src=twsrc%5Etfw">June 11, 2024</a></blockquote>
As Biden spoke, he was briefly interrupted by a pro-Palestinian protester who accused him of being &#8220;complicit in a genocide&#8221; because he has continued to support Israel in its ongoing war against Hamas terrorists.
<blockquote class="twitter-tweet">
WATCH: Pro-Hamas protesters interrupt Joe Biden&#8217;s speech on gun control. <a href="https://t.co/RygpzoYm6i">pic.twitter.com/RygpzoYm6i</a>
— Steve Guest (@SteveGuest) <a href="https://twitter.com/SteveGuest/status/1800599234518946085?ref_src=twsrc%5Etfw">June 11, 2024</a></blockquote>

President Biden Speaks At Everytown’s Gun Sense University

Joe Biden’s Disastrous Gun Control Speech, One Whopper At A Time

Everytown for Gun Safety

gun control

hunter biden

joe biden

President Biden is poised to lose his job. Americans are already frustrated with wide-open borders, crime-infested streets, and unaffordable gas, groceries, and rent. Now, his administration has quietly launched a new war on gun owners — and the lawful gun industry — before his executive authority is stripped away.
In an all-too-typical example of executive overreach, a new <a href="https://www.federalregister.gov/documents/2024/04/30/2024-08813/revision-of-firearms-license-requirements" target="_blank" rel="noopener">interim final rule</a> from Biden’s Department of Commerce will vindictively smother American gun companies with layers of bureaucratic red tape and prevent civilians in other countries from lawfully purchasing American firearms and ammunition. This is not only a clear admission of the Biden administration’s disdain for lawful gun owners, but also a backdoor attempt to villainize and bankrupt domestic manufacturers while pushing the president’s globalist agenda beyond our own borders.
Meanwhile, Biden’s Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has launched its own crusade against Americans’ right to self-defense. ATF’s <a href="https://www.atf.gov/firearms/final-rule-definition-engaged-business-dealer-firearms#:~:text=The%20final%20rule%20implements%20the,than%20a%20gunsmith%20or%20pawnbroker)." target="_blank" rel="noopener">“Engaged in Business” rule</a> reclassifies gun owners who occasionally sell a firearm as professional dealers, subjecting them to a web of complicated and burdensome regulations with no proven benefits. This rule unconstitutionally expands the agency’s control over ordinary gun owners while also taking another step toward the de facto creation of a national gun owner registry.
Americans have the right — and the responsibility — to fight back.
When the executive branch proposes these restrictions, without the consent of the people’s representatives in Congress, they’re subject to the federal rule-making process. During that process, Americans can submit comments opposing the rule. Those comments must be read by federal officials and should influence the administration’s final decision to move forward with the proposed changes.
While the comment period has closed on the ATF’s business rule, Biden’s ridiculous new firearm export ban is still open for debate. Here’s why you should <a href="https://heritageaction.quorum.us/campaign/61002/" target="_blank" rel="noopener">join us in our campaign</a> of opposition:
First, all U.S.-made firearms are already marked with serial numbers, but this rule would require manufacturers to adopt new export control classification numbers (ECCNs) for additional tracking abroad. This would expand the bureaucratic process — increasing compliance costs and lost revenue for American firearm manufacturers — but it would not improve tracking, seeing as any country can already record serial numbers.
Second, while the rule will drastically restrict sales to foreign civilians, it would not impact exports to foreign governments, which reflects the Left’s fundamental belief that only those in power should have weapons, not the people they govern.
The administration has tried to defend this hypocrisy with bad-faith attacks on civilian gun ownership, falsely claiming that firearms legally exported to civilians are more likely to be diverted into black markets than firearms sold to foreign militaries and police agencies. But virtually every credible analysis of international criminal gun trafficking shows that the biggest sources of guns used for crime or terrorism are government stockpiles and illegal imports, not guns legally imported for lawful civilian sales.
Third, as usual, this additional regulation will do nothing to curb crime at home or abroad. The ATF&#8217;s own <a href="https://www.atf.gov/firearms/docs/report/nfcta-volume-ii-part-iv-crime-guns-recovered-outside-us-and-traced-le/download#:~:text=These%20recovered%20and%20traced%20crime,with%20firearms%20lawfully%20exported%20from" target="_blank" rel="noopener">analysis</a> of international gun crime tracing found that less than 1% of the firearms lawfully exported out of the U.S. between 2016 and 2020 were used in international crime. Just like in the United States, there’s no reason to believe that ordinary lawful gun owners in other countries are a driving force behind violent crime.
The export ban, along with the massive expansion of power at the ATF, are election-year political games designed to appease the president’s radical base at the expense of our constitutional rights. President Biden has demonstrated time and time again his disdain for gun owners and willingness to subvert the American people to advance his agenda.
Our representatives on the Hill have launched efforts to overturn both rules — and they need our support. Heritage Action launched a new <a href="https://heritageaction.quorum.us/campaign/61002/" target="_blank" rel="noopener">campaign</a> to help Americans submit comments in support of protecting the Second Amendment. Together, we can fight Biden’s executive overreach and prevent the suffocation of firearms manufacturers nationwide.
* * * 
Kevin Roberts, Ph.D., is president of Heritage Action for America. Ryan Walker is executive vice president of Heritage Action for America.
The views expressed in this piece are those of the authors and not necessarily those of The Daily Wire.

US-GUNS-ASIANS

Biden’s New Campaign Against America’s Law-Abiding Gun Owners

Gun Laws

Guns

Heritage Action for America

heritage foundation

More than two dozen Republican attorneys general announced challenges on Wednesday to the proposed gun control rule from the Biden administration regulating private firearm sales. 
Multiple suits were filed in federal court against the proposal, which would require individuals who &#8220;earn a profit” selling guns to conduct background checks and have a federal firearms license <a href="https://www.dailywire.com/news/kamala-harris-announces-new-rule-all-gun-dealers-must-conduct-background-checks" target="_blank" rel="noopener">no matter</a> where or how they sell their merchandise. Republicans say that the proposed <a href="https://www.regulations.gov/document/ATF-2023-0002-0001#:~:text=921(a)(21)(C)%20as%20%E2%80%9Ca%20person,makes%20occasional%20sales%2C%20exchanges%2C%20or" target="_blank" rel="noopener">regulations</a>, put forth by the Justice Department, infringe on Second Amendment rights and would make it a felony for family members and friends to sell guns to each other without conducting background checks or having a federal license. 
One effort, led by Texas Attorney General Ken Paxton, sued the DOJ and the ATF, arguing that the ATF doesn’t have the statutory authority to enforce the rule and that it violates the Second and Fifth Amendments. 
“Yet again, Joe Biden is weaponizing the federal bureaucracy to rip up the Constitution and destroy our citizens’ Second Amendment rights,” Paxton <a href="https://www.texasattorneygeneral.gov/news/releases/attorney-general-ken-paxton-leads-multistate-coalition-suing-biden-administration-over-unlawful-ban" target="_blank" rel="noopener">said</a>. “This is a dramatic escalation of his tyrannical abuse of authority. With today’s lawsuit, it is my great honor to defend our Constitutionally-protected freedoms from the out-of-control federal government.”
The suit was joined by Louisiana, Mississippi, Utah, the Gun Owners of America, the Virginia Citizens Defense League, and the Tennessee Firearms Association. 
A separate lawsuit, led by Kansas Attorney General Kris Kobach, also challenges the DOJ and the ATF. 
“Biden’s latest attempt to strip away the Second Amendment rights of Americans through ATF regulations will make many law-abiding gun owners felons if they sell a firearm or two to family or friends,” Kobach <a href="https://ag.ks.gov/media-center/news-releases/2024/05/01/kobach-leads-21-state-coalition-in-defense-of-second-amendment" target="_blank" rel="noopener">said</a>. “This rule is blatantly unconstitutional. We are suing to defend the Second Amendment rights of all Americans.”
Kansas was joined by Iowa, Montana, Alabama, Alaska, Arkansas, Georgia, Indiana, Idaho, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming.
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Florida Attorney General Ashley Moody filed A third lawsuit against the DOJ and ATF.
The Biden administration <a href="https://www.dailywire.com/news/biden-signs-most-expansive-gun-control-bill-in-decades-into-law-following-republican-support" target="_blank" rel="noopener">said</a> it had proposed the rules to implement the “Bipartisan Safer Communities Act,” which added background check stipulations and gave grants for states to enact “red flag” laws. The measure, which was backed by 15 Republicans in the Senate and 14 Republicans in the House, was the <a href="https://www.dailywire.com/news/biden-signs-most-expansive-gun-control-bill-in-decades-into-law-following-republican-support" target="_blank" rel="noopener">most expansive</a> gun control law signed into law in decades. 
“The challenged rule, in fact, goes far beyond the plain text of the BSCA,” Florida’s <a href="https://www.myfloridalegal.com/sites/default/files/2024-05/atf-complaint_as-filed.pdf">suit</a> says. “It purports to force thousands of law-abiding gun owners to register as federal firearms dealers and navigate a federal bureaucracy as a precondition to engaging in constitutionally protected activity. The challenged rule is unlawful.”

President Biden Delivers Remarks In The Roosevelt Room Of The White House

Red States Challenge Biden Admin’s ‘Blatantly Unconstitutional’ Regulations On Private Gun Sales

florida

kansas

texas

On Monday, the U.S. Supreme Court agreed to consider the Biden administration’s appeal of a decision that rejected the administration’s regulation of ghost guns.
In 2022, the Biden administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives broadened the interpretation of the definition of “firearm” in the Gun Control Act of 1968. “The 1968 Gun Control Act, the 1988 Undetectable Firearms Act and other federal laws all govern firearms produced by a 3D printing process or any other process, just as they apply to conventional manufacturing processes using machine tools,” NSSF <a href="https://www.nssf.org/government-relations/factsheets/ghost-guns-undetectable-firearms-explained-2/" target="_blank" rel="noopener">notes</a>. The Gun Control Act interpreted “firearm” to mean “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive” and “the frame or receiver of any such weapon.”
The rule claimed that the parts in ghost guns lay under the rubric of “firearm” under the federal Gun Control Act so the federal government could regulate them. It required “manufacturers and sellers to obtain licenses, mark their products with serial numbers and conduct background checks,” The New York Times <a href="https://www.nytimes.com/2024/04/22/us/supreme-court-ghost-guns.html" target="_blank" rel="noopener">reported</a>.
In August 2023, in a 5-4 vote, the Supreme Court allowed the Biden administration’s rule to stay in effect despite the fact that it had been challenged. In November, the 5th U.S. Circuit Court of Appeals found the Biden administration’s regulation unlawful. “Only Congress may make the deliberate and reasoned decision to enact new or modified legislation regarding firearms,” the court <a href="https://www.usatoday.com/story/news/politics/2024/04/22/supreme-court-biden-ghost-gun-background-checks/73280704007/" target="_blank" rel="noopener">wrote</a>. “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,” they <a href="https://www.nbcnews.com/politics/supreme-court/supreme-court-decide-biden-administration-can-regulate-ghost-guns-rcna147065" target="_blank" rel="noopener">added</a>.
Solicitor General Elizabeth Prelogar countered that if the 5th U.S. Circuit Court of Appeals’ decision were implemented, “Anyone could buy a kit online and assemble a fully functional gun in minutes — no background check, records, or serial number required. The result would be a flood of untraceable ghost guns into our nation’s communities, endangering the public and thwarting law-enforcement efforts to solve violent crimes.”
“If a state placed a tax on the sale of home goods, such as tables, chairs, couches and bookshelves, Ikea surely could not avoid that tax by claiming that it does not sell any of those items and instead sells ‘furniture parts kits’ that must be assembled by the purchaser,” she argued. “So too with guns: An ordinary speaker of English would recognize that a company in the business of selling kits that can be assembled into firearms in minutes — and that are designed, marketed and used for that express purpose — is in the business of selling firearms.”
A brief for the Supreme Court asserted, “Consistent with Congress’s decision not to interfere with the making of firearms by private citizens, commercial production and sale of other items that may be used by private citizens to make firearms for their own use is outside the scope of the Act.”
Additionally, it offered another perspective, <a href="https://www.supremecourt.gov/DocketPDF/23/23A82/274511/20230802162019194_2023-08-02%20VanDerStok%20-%20Resp%20in%20Oppn%20to%20Stay%20vf.pdf" target="_blank" rel="noopener">stating</a>:
<blockquote>
A better analogy would be to a “taco kit” sold as a bundle by a grocery store that includes taco shells, seasoning packets, salsa and other toppings, along with a slab of raw beef. No one would call the taco kit a taco. In addition to “assembly,” turning it into one would require cutting or grinding and cooking the meat — and until that was done, it would be nonsensical to treat it as food and the equivalent of a taco.
</blockquote>

OPED-SCOTUS-GHOST-GUNS-EDITORIAL-1-NY

SCOTUS Will Consider Challenge To Biden’s ‘Ghost Gun’ Regulations

firearms

Ghost Guns

supreme court

ATF Director Steven Dettelbach, a Democrat, made numerous mistakes when speaking about firearms during an interview that aired over the weekend.
Speaking with Margaret Brennan on CBS News&#8217; &#8220;Face The Nation,&#8221; Dettelbach stood in front of a table that had numerous firearms as he tried what he claimed were loopholes that allow people to get around gun laws.
While speaking about how many rounds some of the AK variant rifles could fire, Dettelbach demonstrated that he did not basic firearm terminology, like the difference between a clip and a magazine.
Moments later he also demonstrated that he did not know what a pistol brace was when he suggested that it was the same thing as a butt stock. Pistol braces allow the person operating the firearm to stick their wrist through the device and use a piece of velcro to tighten the device around their wrist, thus allowing the operator to fire the weapon only using one hand.
The way that Brennan conducted the interview made it clear that the segment was intended to be pro-gun control propaganda as she stood with her arms crossed expressing disgust and promoting the false narrative that the Second Amendment was created for &#8220;hunting.&#8221; The Second Amendment was created for the purposes of self-defense and a check against government tyranny.
Dettelbach also urged gun stores to refuse to sell certain types of weapons, like large caliber rifles, to customers who are paying in cash and to pick up the phone and call the ATF so they can go investigate those people.
&#8220;And for those who aren&#8217;t doing that, I hope and expect that, as Americans, we will do that,&#8221; he said. &#8220;But for those who aren&#8217;t, somebody comes into your store, in a border state and plunks down $12,000 cash money for one of these [.50 caliber rifles], so that there&#8217;s no credit card trail, I mean, my word, we hope that people will help us as Americans and continue to help us and not make that sale and protect our safety.&#8221;
&#8220;I&#8217;m just sort of doing a little bit of a commercial, for those who are going to be at the counter, thinking about it, do not let this happen,&#8221; he begged. &#8220;Please help us to stop this. We respect you. We depend on you. Please, as firearms dealers help us to stop this.&#8221;
He said that if a man and a woman walk into a store and the man asks all the questions and then has the woman purchase the firearm that &#8220;all sorts of alarm bells should be going off&#8221; and the gun store should not sell to that couple.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
ATF Director Steven Dettelbach went on CBS&#39;s Face The Nation &amp; displayed a shocking ignorance of firearms while trying to gin up fear to strip us of our Second Amendment rights.
It should scare everyone that Dettelbach doesn&#39;t know the difference between a clip &amp; a magazine. <a href="https://t.co/0cABaCZ2sT">pic.twitter.com/0cABaCZ2sT</a>
&mdash; Steve Guest (@SteveGuest) <a href="https://twitter.com/SteveGuest/status/1764420588133626357?ref_src=twsrc%5Etfw">March 3, 2024</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
During the sit down portion of the interview, Dettelbach said that his agency, which has thousands of agents, was &#8220;way, way, way too small.&#8221;
Brennan also teed up a question for Dettelbach on how Congress protecting Americans&#8217; Second Amendment rights and privacy rights by banning the ATF from creating a federal gun registry was an &#8220;impediment&#8221; for the ATF&#8217;s agenda.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
When asked about the impediment to law enforcement as Congress prohibits the ATF from creating a centralized registry of U.S. gun owners, ATF Director Steven Dettalbach says: &quot;It&#39;s a law, and we comply with it. That means that we have to work within that system.&quot; <a href="https://t.co/lHtUcL40tB">pic.twitter.com/lHtUcL40tB</a>
&mdash; Face The Nation (@FaceTheNation) <a href="https://twitter.com/FaceTheNation/status/1764332493224739059?ref_src=twsrc%5Etfw">March 3, 2024</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

ATF Director Displays Ignorance About Basic Firearm Topics During Pro Gun Control Segment

AK-47

The Fifth Circuit Court of Appeals ruled against a Biden administration ATF rule that sought to regulate guns without serial numbers and redefine the term “<a href="https://www.dailywire.com/topic/guns" target="_blank" rel="noopener">firearm</a>.”
The court on Thursday said that the ATF had no legal authority to put forth a rule that <a href="https://www.nytimes.com/2022/12/27/us/politics/ghost-guns-atf-rule.html" target="_blank" rel="noopener">would require</a> gun vendors to treat firearm parts like pistol grips and firing mechanisms as fully completed firearms, meaning they would need to have serial numbers. The rule, which was first rolled out in April 2022, was intended for the ATF to be able track homemade guns.
Judges at the Fifth Circuit unanimously said the ATF had usurped legislative authority and that the ATF was trying to take broader regulatory authority than it actually had.
“Where an executive agency in what is, for all intents and purposes, ‘law making,’ the legislature is deprived of its final function under our Constitution, and our citizens are robbed of their right to fair representation in government. This is especially true when the executive rule-turned-law criminalizes conduct without the say of the people who are subject to its penalties,” Judge Kurt Engelhardt <a href="https://aboutblaw.com/bbpJ" target="_blank" rel="noopener">wrote</a>.
“ATF, in promulgating its Final Rule, attempted to take on the mantle of Congress to ‘do something’ with respect to gun control,” Engelhardt added. “But it is not the province of an executive agency to write laws for our nation. That vital duty, for better or for worse, lies solely with the legislature.”
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The rule had been allowed to stay in place by the Supreme Court during lower court adjudication. The Department of Justice will likely appeal the Fifth Circuit’s decision to the Supreme Court.
Judge Andrew Oldham was critical of the ATF’s new rule, saying that it would allow a broad swath of regulations not explicitly spelled out in the rule.
“The Final Rule is limitless. It purports to regulate any piece of metal or plastic that has been machined beyond its primordial state for fear that it might one day be turned into a gun, a gun frame, or a gun receiver,” he wrote. “And it doesn’t stop regulating the metal or plastic until it’s melted back down to ooze.”

US-NEWS-SCOTUS-GHOST-GUNS-NY

Appeals Court Rules Against ‘Limitless’ Biden ATF Rule Changing The Definition Of Firearm

Appeals Court Rules Against 'Limitless' Biden ATF Rule Changing The Definition Of Firearm

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