Supreme Court Temporarily Allows Regulation of Ghost Guns

Written by on August 17, 2023

Supreme Court Temporarily Allows Regulation of ‘Ghost Guns’

Shared By Peter Boykin – American Political Commentator / Citizen Journalist

Supreme Court Temporarily Allows Regulation of 'Ghost Guns'

Supreme Court Temporarily Allows Regulation of ‘Ghost Guns’


Supreme Court Temporarily Allows Regulation of ‘Ghost Guns’

The U.S. Supreme Court has made a temporary ruling in favor of the Biden administration’s efforts to enforce regulations surrounding “ghost guns,” which can be assembled from kits at home.

Following an appeal from the administration, the high court, in a 5-4 decision, has put on hold a federal judge’s earlier ruling that invalidated these regulations in Texas. This interim ruling will remain in effect while the case is further appealed to the 5th U.S. Circuit Court of Appeals in New Orleans and potentially beyond to the Supreme Court.

Justices Thomas, Alito, Gorsuch, and Kavanaugh opposed the temporary hold and would have allowed the lower court ruling to take effect.

Implemented a year ago, the federal regulation seeks to subject ghost guns to the same regulations as fully assembled firearms, facilitating easier tracking of serial numbers, background checks, and sales. The rule treats incomplete firearm components, such as handgun frames or long gun receivers, as fully finished firearms, requiring them to be licensed and marked with serial numbers.

Furthermore, the rule mandates that manufacturers conduct background checks before selling these components, mirroring the requirements for commercial firearms.

The Biden administration contends that this rule is necessary to address the rise in untraceable firearms. The Justice Department cited data revealing a substantial increase in the seizure of ghost guns at crime scenes, surpassing 19,000 in 2021 alone.

Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court attorney, argued that the public safety benefits of curbing the flow of ghost guns outweigh any minor inconveniences that may arise.

Opponents, including gun rights groups and a firearms parts manufacturer, assert that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) lacks the authority to redefine firearm terminology within federal law without congressional action. U.S. District Judge Reed O’Connor in Texas previously sided with these challengers, noting that the existing definition of a firearm under federal law does not encompass individual gun parts.

While the Supreme Court’s interim decision has created a pause in the ongoing legal battle, the full merits of the case are expected to be reviewed by the 5th Circuit Court of Appeals. The outcome of this process will play a critical role in shaping the regulations surrounding ‘ghost guns’ in the U.S.

[Source: Fox News]




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