The US Supreme Court has frozen a lower court’s ruling that prevented federal regulation of ghost gun kits, allowing the government to once again oversee these firearms. The stay was issued in response to a challenge by the US Department of Justice against a decision by Judge Reed O’Connor of the US District Court for the Northern District of Texas, who found that the Biden administration had overreached with its regulation update. This update was intended to close loopholes that allowed the sale of unregulated ghost gun kits. Chief Justice John Roberts and Justice Amy Coney Barrett joined their three liberal colleagues in the 5-4 decision.
Ghost gun kits consist of packaged gun parts that can be assembled into a firearm at home. Prior to the update, these kits were able to skirt certain federal laws that require gun manufacturers and sellers to mark their products with serial numbers and keep sales records. This lack of regulation allowed individuals to evade registering their firearm purchases with the government, which became a concern for law enforcement agencies when these weapons were used in crimes.
The Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) update did not ban the sale of ghost gun kits but instead aimed to subject them to the same conditions as registered firearms. The goal was to prevent individuals from easily acquiring unassembled gun parts and building untraceable firearms. Solicitor General Elizabeth Prelogar argued in a filing to the Supreme Court that the lack of regulation around ghost guns has contributed to a significant increase in crimes involving these firearms nationwide.
The Supreme Court’s stay will remain in effect until the appeals process in the lower courts concludes. Should the government request an appeal to the Supreme Court and it is granted, the stay will remain in place until the Court reviews the case. However, if certiorari is denied, the stay will automatically terminate. This decision by the Supreme Court provides a temporary halt to the lower court’s ruling and allows the federal government to continue its efforts to regulate ghost gun kits.
The case surrounding ghost gun kits raises important questions about balancing individual rights and public safety. Proponents argue that regulating these kits is necessary to prevent the proliferation of untraceable firearms and increase accountability. On the other hand, opponents believe that such regulations infringe upon Second Amendment rights and that existing laws are sufficient to address any criminal misuse of ghost guns. As this legal battle unfolds, the Supreme Court’s ultimate ruling will have significant implications for the regulation of firearms and the balance between individual liberties and public safety.
