Supreme Court to Review Biden’s Ghost Gun Regulation
The Supreme Court has agreed to hear the Biden administration’s appeal on the regulation of ghost guns. Ghost guns are firearms that lack serial numbers and are becoming increasingly prevalent at crime scenes. The regulation, which was struck down by lower courts, aims to expand the definition of a firearm to include unfinished parts and require background checks for their sale.
The regulation took effect in 2022 and changed the definition of a firearm to include unfinished parts, such as the frame of a handgun or the receiver of a long gun. These parts must now be licensed and include serial numbers. Additionally, manufacturers must run background checks before a sale, as they do with other commercially made firearms.
The requirement applies regardless of how the firearm was made, including those made from individual parts, kits, or 3D printers. It does not, however, prohibit the purchase of kits or any type of firearm.
The Justice Department has stated that local law enforcement agencies seized more than 19,000 ghost guns at crime scenes in 2021, a more than tenfold increase in just five years.
U.S. District Judge Reed O’Connor initially struck down the rule, concluding that it exceeded the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. O’Connor argued that the definition of a firearm in federal law does not cover all the parts of a gun.
A panel of the 5th U.S. Circuit Court of Appeals upheld O’Connor’s ruling. However, the Supreme Court allowed the regulation to remain in effect while the lawsuit continues.
The Supreme Court’s decision to hear the case signals the potential for a significant ruling on gun control. Arguments in the case are expected to take place in the fall.
