The United States Supreme Court has agreed to take up the regulation of ghost guns, which are firearms without serial numbers. This makes the guns difficult to trace. The decision to hear the case comes following an appeal from the Biden Administration to reinstate and approve the expanded regulation of guns to include ghost guns.
Legal Battle over Firearms Without Serial Numbers
The Biden Administration has been attempting to find ways to manage and regulate the proliferation of ghost guns. The question of how to define a firearm under federal law is at question in this court battle, as the government has created broad language to include parts and guns made at home from kits as subject to regulation under federal law as firearms.
What Are Ghost Guns?
Ghost guns are often sold in kits and are assembled from parts without serial numbers. The guns have been increasingly seized at crime scenes, according to regulators, and are difficult to trace.
Background and Context of the Regulation
The regulation in question under the Supreme Court’s jurisdiction involves broadening the definition of a firearm to capture ghost guns by including handgun frames and receivers as part of the definition of regulated firearms. Under the new regulation, the frames and receivers must include serial numbers and cannot be sold without performing requisite background checks.
Judicial Interventions: The Regulation’s Journey
The regulation was controversial from the start and was struck down initially by U.S. District Judge Reed O’Connor in Fort Worth, Texas. Judge O’Connor reasoned that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) had exceeded its authority in applying law regulating firearms to singular parts that could be used to make a firearm.
Appeals Court Involvement
The 5th U.S. Circuit Court of Appeals upheld Judge O’Connor’s decision. The 5th Circuit panel that made the decision was comprised of three judges appointed during former President Donald Trump’s tenure. This panel agreed with the lower Court that ATF had exceeded its authority.
Supreme Court’s Decision to Hear the Case
The Supreme Court voted 5-4 to hear the government’s appeal to the lower court’s decision to strike down the new regulatory language.
The Current Status of the Regulation
While the court case is still pending review by the Supreme Court, the regulation remains in effect.
Composition of the Supreme Court’s Majority
Five of the nine Justices voted to keep the regulation in effect during the course of the appeal. These justices include Chief Justice John Roberts, Justice Amy Coney Barrett, Justice Ketanji Brown Jackson, Justice Elena Kagan, and Justice Sonia Sotomayor.
The Minority View
Four Justices opposing the Supreme Court decision to allow the regulation to take effect during the course of the judicial review process include Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas.
Impact of Ghost Guns on Public Safety
The existence and accessibility of ghost guns have added an updated dimension and threat to public safety, according to the Justice Department. The Justice Department claimed to have seized over 19,000 ghost guns at crime scenes in 2021, up from 2,000 in 2016. These facts and figures reveal a correlation between the increased access to these firearms and violent outcomes.
Broader Implications of the Regulation
Aside from targeting the ghost guns, which are the underlying subject of the broadened gun regulations, the new rule, in fact, includes significant implications for the larger parts and gun manufacturing and sales entities. The rule applies the same regulations to all firearms, including guns created at home from kits or printed on 3D printers.
Anticipated Arguments and Legal Debates
While the regulation takes effect pending its hearing before the Supreme Court, the Court is not likely to hear arguments on the regulation until the fall, with a decision unlikely to be reached prior to the end of the Biden Administration in 2024.
Looking Forward
The case at hand is followed closely by sportsmen and outdoor enthusiasts, gun manufacturers, gun opponents, and all manner of activists on the topic of Second Amendment and public safety rights.
