Supreme Court to Review Biden Administration’s Regulation on Ghost Guns
On Tuesday, the Supreme Court is set to hear a tangible challenge to a significant regulation introduced by the Biden administration concerning ghost guns. These firearms, notorious for being difficult to trace, have recently become increasingly linked to criminal activity across the United States.
The Rise of Ghost Guns
The focus of the contested regulation is on ghost gun kits that are conveniently sold online, enabling individuals to assemble working firearms in under 30 minutes. The dangerous aspect of these kits is that the completed guns do not carry serial numbers, which complicates the possibility of their traceability.
The escalation in ghost gun incidents has starkly increased, as reported by the Justice Department. Law enforcement agencies recovered fewer than 4,000 such firearms in 2018, a figure that surged to nearly 20,000 by 2021. Alarmingly, approximately 700 of these recovered guns were linked to homicide or attempted homicide cases within that same period.
Details of the Regulation
Originating from an executive action taken by President Joe Biden, the controversial rule mandates that gun kit sellers treat these items akin to conventional firearms. This includes the obligation to imprint serial numbers, conduct background checks, and ensure that purchasers are at least 21 years old.
Global Response and Legislative Challenges
Contrary to the administration’s argument, gun manufacturers and pro-gun advocacy groups have filed legal challenges against the regulation. They contend that the sales of gun components to hobbyists have traditionally been lawful and assert that most firearm-related crimes are perpetrated with conventional firearms, not ghost guns.
Critics of the regulation, represented by a coalition of over two dozen GOP-leaning states, argue that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has overstepped its legal mandate. They suggest that it is Congress’s prerogative to establish guidelines around goods that may pose risks.
Court Proceedings and Responses
In 2023, U.S. District Judge Reed O’Connor in Texas ruled against the regulation, a decision that was largely upheld by the U.S. 5th Circuit Court of Appeals in the case of Garland v. VanDerStok.
The Biden administration argues that existing laws endow the government the authority to regulate weapons that are “readily convertible” to use. They caution that a ruling in favor of the 5th Circuit would allow for the unrestricted online purchase of kits and the assembly of functional firearms without background checks or registration, thereby increasing the prevalence of untraceable ghost guns in American streets. Solicitor General Elizabeth Prelogar stressed this risk in court filings.
Recent Court Dynamics
It is crucial to note that the ghost gun case does not directly tackle issues of Second Amendment rights. Instead, it centers on defining the powers of federal agencies. A recent ruling by the high court regarding bump stocks, determined that the ATF overstepped its authority in an attempt to classify these devices as illegal machine guns.
In a prior decision regarding ghost guns, the Supreme Court, in a 5-4 vote, previously sided with the Biden administration, enabling the contested regulation to take effect. This decision saw Chief Justice John Roberts and Justice Amy Coney Barrett joining forces with the court’s liberal justices for a majority ruling.
