Poli Alert Political & Civics
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Jimmy Williams
The Supreme Court has agreed to examine whether the Biden administration has the authority to regulate “ghost guns” – firearms made from kits available online that individuals can assemble at home.
The justices decided to review an appeal from the Biden administration defending regulations that a lower court had struck down. These regulations are currently in effect while legal proceedings continue.
Last August, the Supreme Court permitted the enforcement of the regulations in a 5-4 decision, with Chief Justice John Roberts and conservative Justice Amy Coney Barrett joining the liberal justices in the majority.
“The regulations are essential to addressing the growing threat posed by ghost guns, which are difficult for law enforcement to trace and pose a significant risk to public safety,” said Solicitor General Elizabeth Prelogar.
The regulations, issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives in 2022, aim to address the growing availability of ghost guns, which are challenging for law enforcement to trace and are considered a significant threat to public safety.
Under the rules, manufacturers and sellers of ghost gun kits must obtain licenses, mark the products with serial numbers, conduct background checks, and maintain records.
However, a Texas-based U.S. District Judge ruled in favor of individuals and groups opposing the regulations, stating that they constitute unlawful agency action contrary to the will of Congress.
“We believe that it is not the role of the ATF to expand the definition of ‘firearm’ under the Gun Control Act,” said lawyers representing the challengers.
The Biden administration and challengers of the regulations both urged the Supreme Court to take up the case, emphasizing its national importance. The administration warned of the potential flood of untraceable ghost guns into communities, while opponents argued that it is Congress’s responsibility to address any deficiencies in firearm regulations.
Although the Supreme Court has previously supported gun rights, including recognizing the right to bear arms outside the home, the ghost guns case revolves around ATF’s regulatory authority rather than the right to bear arms.
The court is also set to rule on another ATF regulation concerning the ban on “bump stocks,” accessories that enable semiautomatic rifles to be fired rapidly.
