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Join on Telegram In a rare win for gun control advocates, the US Supreme Court temporarily revived a Biden administration rule that sought to further regulate untraceable firearms.
Ghost Guns refer to firearms without serial numbers or ones that are purchased from non-commercial sellers, and subsequently self-assembled.
Oftentimes, these are sold as “gun kits,” and they include all the necessary equipment to build a functional weapon. “Buy Build Shoot” kits are widely available for anyone to purchase online and at gun shows, generally bypassing required background checks, making it difficult for law enforcement to trace.
Last year, the Biden administration, who have been vocal proponents of comprehensive gun control measures, implemented regulations to tackle a sharp increase in accessibility to ghost guns.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a rule reclassifying ghost guns within the definition of a firearm, giving the federal government authority to regulate the manufacturing and sale of these weapons using the traditional process.
Gun ownership in the US is widespread, with Americans owning more firearms per capita than any other country in the world.
In 2021, the Justice Department reported 20,000 suspected ghost guns, a sharp increase over the previous 5 years. That same year, 48,800 Americans died from gun related injuries according to Centers for Disease Control and Prevention data.
So far in 2023, the US surpassed 400 mass shootings, on track to be the deadliest year in American history.
The new rule classified ghost guns as firearms under federal law, requiring federal licensing and serial numbers and for all manufacturers and businesses who distribute the kits.
The ATF rolled out various requirements for ghost guns, including transaction records and registration numbers, making it easier for regulators to track homemade firearms.
Gun advocates and manufacturers challenged the new classification in federal court. In Texas, U.S. District Judge Reed O’Connor struck down the ATF rule and issued a nationwide block, finding the administration violated and exceeded parameters of the Gun Control Act of 1968.
The Biden administration quickly appealed the ruling in the New Orleans 5th Circuit Court of Appeals, which refused stay on key parts of the Texas decision.
But in late July, Justice Sam Alito temporarily granted a stay on O’Connor’s decision on an emergency request, as the Supreme Court decided the next steps of the regulation.
Earlier this August, in front of the full bench of the Court, a 5-4 ruling allowed for the ATF rule to take full effect, as the White House appeals the Texas decision.
Chief Justice John Roberts and Justice Amy Coney Barrett, both reliable conservatives, joined the 3 liberals to temporarily revive federal regulation over ghost guns.
The fate of the rule is still unknown. The case will return to the lower courts, where challengers will continue to argue against the measure’s legality.
In the upcoming term beginning in October, the Court will rule on another issue relating to gun rights, weighing on a case looking at whether individuals accused of domestic violence have a right to own and handle firearms.
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