In a move that feels completely unsurprising these days, the Supreme Court looks to be set to uphold an insane rule involving Ghost Guns. And we can thank Joe Biden for it.
At a glance:
- The Supreme Court seems inclined to uphold Biden administration regulations on ghost guns.
- Ghost guns, which are difficult to trace, have been increasingly found at crime scenes, prompting federal action.
- The regulation requires ghost gun kits to be treated like regular firearms, with serial numbers, background checks, and age requirements.
- Conservative justices Chief Justice Roberts and Justice Barrett appeared skeptical of arguments against the regulation.
On Tuesday, the Supreme Court indicated it might uphold a Biden administration regulation aimed at controlling ghost guns—untraceable weapons assembled from kits. These weapons have been found in rising numbers at crime scenes, prompting the administration to regulate the sale and manufacture of the kits, which allow people to easily assemble firearms at home.
The regulation requires ghost gun kits to have serial numbers, mandates background checks for buyers, and sets the legal purchasing age at 21. Though the regulation doesn’t directly invoke Second Amendment rights, it addresses the federal government’s power to regulate firearms and components. Ghost guns have become a significant concern for law enforcement, with the number recovered from crime scenes rising from fewer than 4,000 in 2018 to nearly 20,000 in 2021.
https://www.youtube.com/watch?v=8VPku_sNsFc
Two key conservative justices, Chief Justice John Roberts and Justice Amy Coney Barrett, had previously allowed the regulation to go into effect temporarily and expressed skepticism toward the challengers’ arguments. These challengers, representing gun manufacturers and hobbyists, argue that the kits are primarily used by hobbyists, comparing them to auto enthusiasts rebuilding cars for fun. Roberts and Barrett seemed unpersuaded, with Barrett comparing the kits to meal kits that include everything needed to make a specific dish, which are clearly subject to regulation.
Justice Samuel Alito, however, took a more critical view, likening the gun parts in the kits to ingredients for an omelet, which on their own do not constitute a completed product. The legal debate centers on whether these kits, which require minimal assembly, should be regulated as firearms, even though they are not complete weapons when sold.
The Biden administration argues that regulating ghost gun kits is well within the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), pointing out that these kits can be easily converted into functioning firearms. The administration’s Solicitor General, Elizabeth Prelogar, emphasized that while hobbyists can still buy the kits, they must do so through a process similar to purchasing a regular firearm.
Opponents of the regulation, including gun rights advocates, argue that Congress did not intend for the Gun Control Act to be stretched to cover unassembled firearm parts. They also argue that ghost gun kits are difficult for most people to assemble and are not commonly used in crimes compared to traditional firearms.
A ruling from the Supreme Court is expected in the coming months, but the court’s conservative majority appears open to allowing the regulation to remain in place. This case follows the court’s previous ruling against a Trump-era ban on bump stocks, which enable rapid firing, but the current case focuses more on administrative authority than on Second Amendment issues.
The ghost gun regulation marks an important test of the Biden administration’s broader efforts to combat rising gun violence by closing loopholes in federal firearms regulations.
And here’s why you need to be concerned about this:
First, many view these regulations as a direct infringement on Second Amendment rights, fearing they could set a precedent for further restrictions on lawful gun ownership. The rules requiring background checks and serial numbers for ghost gun kits may be seen as government overreach, with critics arguing that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is expanding its authority without clear congressional approval. Additionally, gun rights advocates believe this regulation unfairly targets law-abiding hobbyists who build firearms at home, potentially hindering their freedom to exercise this practice. Conservatives also worry that this decision is part of a broader effort by the Biden administration to impose stricter gun controls through executive action, bypassing states’ rights and local authority in gun regulation matters.