Supreme Court Reinstates Regulation on Ghost Guns, Strengthening Efforts to Curb Crime
In a move aimed at curbing the proliferation of ghost guns, the Supreme Court has reinstated a regulation that tackles the rising presence of firearms without serial numbers at crime scenes across the country. The ruling comes as law enforcement agencies have seen a significant increase in the presence of ghost guns, with more than 19,000 of these untraceable firearms seized in 2021 alone.
The Supreme Court’s decision to put a hold on a federal judge’s ruling from Texas, which invalidated the Biden administration’s regulation of ghost gun kits, demonstrates a commitment to addressing this issue. The regulation, which will remain in effect while the administration appeals the ruling, redefines a firearm under federal law to include unfinished parts such as frames and receivers. This change allows for better tracking and requires manufacturers to include serial numbers on these parts. Background checks are also required before a sale, just like with other commercially made firearms. The new rule encompasses ghost guns made from individual parts or kits, as well as those created using 3D printers.
The regulation does not, however, prohibit the purchase of kits or any type of firearm. Instead, it aims to ensure that these items are regulated and tracked, making it harder for them to end up in the wrong hands. By strengthening the definition of a firearm and expanding regulations, the Biden administration hopes to reverse the flow of ghost guns to individuals who are prohibited from possessing firearms.
The Supreme Court’s decision was split, with a 5-4 vote. Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberal members to form the majority, while Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas would have kept the regulation on hold during the appeals process. The reasons behind each justice’s vote were not provided.
The Justice Department presented a compelling case to the court, highlighting the urgent need to address the public safety concerns associated with ghost guns. Ghost guns pose a serious threat as they can easily fall into the hands of dangerous individuals who are otherwise prohibited from owning firearms. The court filing stated that the cost of reversing the flow of ghost guns outweighs any minor costs incurred by those affected by the regulation.
Nevertheless, opponents of the regulation argue that it stretches the Bureau of Alcohol, Tobacco, Firearms and Explosives’ authority and deviates from decades of regulatory practice. According to U.S. District Judge Reed O’Connor, who struck down the rule in June, the definition of a firearm in federal law does not cover all components of a gun. He asserted that such a change would require Congress to amend the law.
Advocacy groups and individuals challenging the rule see the Supreme Court’s decision as a setback. Cody J. Wisniewski, general counsel of the Firearms Policy Coalition Action Foundation, expressed disappointment but remained optimistic about their case’s merits. They believe that the unlawfulness of the ATF’s rule will be revealed when the Fifth Circuit has the opportunity to review the full arguments.
On the other hand, organizations such as the Giffords Law Center to Prevent Gun Violence heralded the Supreme Court’s action as a significant step toward saving lives. They argue that the regulation simply subjects ghost gun kits to the same regulations as regular firearms, ensuring that they are treated as the dangerous weapons they are.
The decision by the Supreme Court to reinstate the regulation on ghost guns reflects the ongoing efforts to address the proliferation of these untraceable firearms. By strengthening definitions and regulations, the aim is to reduce the risks associated with ghost guns and protect public safety. The case will now be appealed to the 5th U.S. Circuit Court of Appeals in New Orleans, and it may eventually reach the Supreme Court for a final decision.
