In a major development regarding the regulation of privately made firearms known as "ghost guns," the Supreme Court has granted a request by the Biden administration to reinstate a federal regulation aimed at reining in these untraceable firearms. The regulation, issued in 2022 by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), broadened the bureau's interpretation of the definition of a “firearm” under the Gun Control Act of 1968.
Under the new regulation, manufacturers and sellers of ghost gun kits are required to obtain licenses, mark their products with serial numbers, and conduct background checks. This change is seen as a response to the rising concerns regarding public safety and law enforcement's ability to trace firearms. The Biden administration argued that the regulation was necessary due to the increasing use of untraceable firearms, citing data that showed a significant increase in crimes involving ghost guns. In 2021 alone, authorities recovered over 19,000 firearms without serial numbers, compared to about 1,600 in 2017.
Ghost gun kits, which can be purchased online using a credit card and assembled into fully functional firearms within 20 minutes, have raised alarm bells among law enforcement agencies and advocacy groups. The accessibility of these kits, coupled with their untraceable nature, presents a challenge for authorities trying to prevent and solve crimes involving firearms.
Opponents of the regulation, including gun owners, advocacy groups, and companies that make or distribute ghost gun kits, have challenged its legality. They argue that the Biden administration exceeded its authority under the Gun Control Act and that the definition of a “firearm” should not include parts and kits that can be used to assemble a firearm. They believe that this interpretation fundamentally alters the policy choices made by Congress in 1968.
The legal battle over the regulation has now reached the Supreme Court, with US District Judge Reed O'Connor's previous ruling blocking the 2022 regulation nationwide pending the administration's appeal. However, the Supreme Court's decision to put the ruling on hold means that the regulation will remain in place for now. The court's brief order did not provide reasons for its decision, but the vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett joining the court's three liberal members to form a majority. Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch, and Brett M. Kavanaugh dissented.
The temporary upholding of the regulation by the Supreme Court is seen as a significant victory for the Biden administration's efforts to address the proliferation of ghost guns. However, the legal battle is far from over, as the case will now continue in the lower courts. The US Court of Appeals for the Fifth Circuit is set to hear arguments in September, which will determine the ultimate outcome of the case and could have significant implications for gun regulations and law enforcement's ability to trace firearms in the future.
