In a recent development, the U.S. Supreme Court has voted 5-4 to allow the Biden administration’s regulations on ghost guns to go into effect, resulting in a federal prosecution if violated. The regulations, issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), aim to target ghost guns, which can be made from kits at home. This move is seen as a significant step in addressing the rising numbers of untraceable guns in the country.
Conservative Justices John Roberts and Amy Coney Barrett joined the three liberal justices in voting to uphold the enforcement against ghost guns. This decision comes after U.S. District Judge Reed O’Connor had previously invalidated the rule in July, stating that the Biden administration exceeded its authority under the Gun Control Act. However, in August, the administration halted O’Connor’s decision and reinstated the rule during the appeal process.
The regulations ban “buy build shoot” kits, which individuals can obtain online or at a store without undergoing a background check or providing the usual serial numbers required by the federal government. These kits can be quickly assembled into a functioning firearm. The new definition of a firearm under federal law includes unfinished parts, such as the frame of a handgun or the receiver of a long gun, making it easier to track them. Additionally, sellers are now required to conduct background checks on purchasers before completing a sale.
The Biden administration argues that the rule is necessary to address the growing concern of untraceable guns. According to the Justice Department, local law enforcement agencies seized over 19,000 ghost guns at crime scenes in 2021 alone, marking a significant increase in just five years. The administration believes that the public-safety interests in preventing the flow of ghost guns to dangerous individuals outweigh any minor costs incurred by the rule.
Plaintiffs, including parts manufacturers, gun owners, and gun rights groups, have filed suit to block the ghost guns rule in federal court in Texas. The regulation will remain in effect while the administration appeals the judge’s ruling to the 5th U.S. Circuit Court of Appeals in New Orleans, and potentially the Supreme Court.
The Supreme Court’s decision has sparked debates on gun control and the scope of the Biden administration’s authority under the Gun Control Act. Supporters argue that the regulations are necessary to curb the proliferation of untraceable guns, while opponents believe they infringe on Second Amendment rights.
The impact of this ruling extends beyond domestic concerns, as the issue of gun control continues to be a contentious topic worldwide. The decision also highlights the ongoing divide between Republicans and Democrats on issues related to firearms, with Republicans generally favoring less regulation and Democrats pushing for stricter measures.
Only time will tell how this ruling will shape the future of gun control and the fight against untraceable firearms in the United States. The Biden administration’s efforts to address this issue will likely face further legal challenges, and it remains to be seen how the courts will ultimately decide on the matter.
