Montgomery, AL – Alabama Attorney General Steve Marshall has aligned with a coalition of 27 states in filing an amicus brief urging the U.S. Supreme Court to limit the Biden administration’s “Frame or Receiver” firearms rule. The rule, issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in 2022, expands the definition of a “firearm” to include certain weapon parts kits that can be converted into functional firearms, as well as partially complete, disassembled, or nonfunctional frames or receivers.
Attorney General Marshall, expressing concern over what he sees as federal overreach, stated, “Throughout the Biden-Harris administration, their ATF has repeatedly overstepped its authority to regulate and even ban private firearms and items associated with firearms. This brief is one of several we have filed over the past three and a half years to protect gun owners from federal overreach.”
The coalition’s brief argues that the ATF’s actions go beyond its mandate, asserting that Congress has not prohibited weapons parts kits, stabilizing braces, or bump stocks, nor has it classified every person handling a gun as a firearms dealer. The brief contends that the ATF is attempting to legislate rather than enforce existing laws.
The “Frame or Receiver” rule has faced legal challenges, and in November 2023, a three-judge panel of the Fifth Circuit Court of Appeals unanimously struck down the rule, citing that the ATF exceeded its authority by attempting to create laws instead of enforcing those passed by Congress.
The coalition supporting the brief includes Alabama, alongside states such as Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming. The effort is led by West Virginia and Montana.
The outcome of this case could have significant implications for federal firearms regulation and the balance of power between Congress and federal agencies like the ATF. The U.S. Supreme Court’s decision on whether to take up the case is highly anticipated.
