The U.S. Supreme Court is set to assess the legality of a Biden administration rule aimed at curbing the proliferation of untraceable homemade firearms known as “ghost guns.”
By yourNEWS Media Newsroom
The U.S. Supreme Court agreed on Monday to hear a challenge to the Biden administration’s regulations on “ghost guns,” addressing the growing issue of these largely untraceable weapons used in crimes across the nation. The case, which concerns the legality of a 2022 rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), is set for the court’s next term beginning in October.
The ATF rule in question was designed to tackle the increasing presence of privately made ghost guns, which can be assembled at home using parts and kits purchased online. These weapons are particularly concerning because they can be bought without serial numbers or background checks, making them attractive to individuals who are otherwise prohibited from purchasing firearms, including criminals and minors.
Under the new regulation, the definition of a firearm under the 1968 Gun Control Act was expanded to include the parts and kits that could be quickly assembled into a gun. It mandates that these components bear serial numbers and requires manufacturers and sellers to obtain licenses. Sellers must also conduct background checks before completing a sale.
The rule faced opposition from parts manufacturers, gun owners, and gun rights groups like the Firearms Policy Coalition and Second Amendment Foundation, leading to a lawsuit in a federal court in Texas. The administration has cited an “explosion of crimes involving ghost guns,” with police departments nationwide recovering tens of thousands each year. However, due to their lack of serial numbers, these weapons are nearly impossible to trace effectively.
Despite the ATF’s efforts, the New Orleans-based 5th U.S. Circuit Court of Appeals upheld a decision by U.S. District Judge Reed O’Connor, which invalidated the rule, arguing that the administration overstepped its authority under the Gun Control Act. The court stated that the ATF had impermissibly rewritten the firearms law, a power that resides with Congress.
The Supreme Court has previously intervened in the case, halting Judge O’Connor’s rulings that blocked the regulation and allowed two manufacturers to continue selling their ghost gun products pending further litigation.
This case does not primarily focus on the Second Amendment right to “keep and bear arms” but instead challenges the scope of the executive branch’s authority to define and regulate firearm components. It arrives amid a national debate over firearms violence, highlighted by frequent mass shootings and deep divisions over gun control measures.
In related matters, the Supreme Court has recently expanded gun rights in several significant rulings, including a 2022 decision affirming the individual right to carry a handgun in public for self-defense. Another pending decision involves the legality of federal restrictions on “bump stocks,” devices that allow semi-automatic weapons to fire more rapidly. This decision is expected by the end of June.
