EKO HOT BLOG reports that the Supreme Court will review whether the Biden administration can lawfully regulate “ghost guns” — firearms assembled from online kits at home.
The regulations, currently in effect, were invalidated by a lower court, prompting the administration’s appeal.
Last August, the Supreme Court, in a 5-4 decision, permitted the enforcement of the regulations, with Chief Justice John Roberts and Justice Amy Coney Barrett joining the liberal justices.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued the regulations in 2022 to address the growing availability of ghost guns, which pose challenges for law enforcement due to their untraceability.
The rule classifies the parts used to make ghost guns as firearms under federal law, subjecting them to regulation similar to traditionally manufactured firearms.
Regulations mandate licensing, serial number marking, background checks, and record-keeping for kit manufacturers and sellers.
However, a Texas-based judge ruled in favor of plaintiffs, including gun rights groups, stating that the ATF overstepped its authority.
The Biden administration argues that allowing the ruling to stand would flood communities with untraceable firearms, posing a threat to public safety and hindering law enforcement efforts.
Both sides agree on the significance of the case, which revolves around the ATF’s regulatory power.
The Supreme Court’s conservative majority, known for supporting gun rights, faces a separate legal question regarding the ATF’s authority, distinct from the right to bear arms.
The upcoming decision will impact not only ghost guns but also the broader debate on gun regulation.
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