Supreme Court Review of Biden’s Ghost Gun Regulation and Its Impact on Federal Firearm Laws

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The Supreme Court appears poised to uphold Biden’s ghost gun regulation, potentially reshaping federal firearm laws and industry compliance.

At a Glance

  • The Supreme Court is reviewing a Biden administration rule treating ghost gun kits like commercial firearms
  • Conservative justices, including Roberts and Barrett, seem open to regulating ghost gun kits
  • The case focuses on executive authority, not Second Amendment rights
  • A decision, expected by June 2025, could impact future firearms restrictions

Supreme Court Weighs Ghost Gun Regulation

The nation’s highest court is currently deliberating on a controversial Biden administration rule aimed at regulating “ghost guns” – firearms assembled from kits or 3D-printed parts that lack serial numbers and transfer records. This pivotal case has drawn attention from both gun rights advocates and those concerned about public safety, as the outcome could significantly impact how firearms are defined and regulated in America.

At the heart of the debate is whether the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overstepped its authority by implementing a rule that would treat ghost gun kits like commercial firearms. This regulation would require these kits to have serial numbers, and purchasers would need to undergo background checks.

Conservative Justices Signal Openness to Regulation

During oral arguments, several conservative justices, including Chief Justice John Roberts and Justice Amy Coney Barrett, appeared receptive to the idea of regulating ghost gun kits similarly to other firearms. This stance has surprised some observers, given the court’s typically conservative approach to gun rights and administrative agency power.

“The government has a much stronger case here that the products the challengers are selling should be covered under a plain reading of the Gun Control Act,” said David Pucino, deputy chief counsel and legal director at Giffords Law Center, which is urging the Supreme Court to uphold the rule. “The products are readily convertible into firearms.”

The Biden administration argues that the regulation is crucial for public safety, citing an increase in crimes involving ghost guns. Solicitor General Elizabeth Prelogar contended that the rule falls within the ATF’s authority and is necessary due to the rising prevalence of these untraceable weapons at crime scenes.

Opposition and Industry Concerns

Opponents of the regulation, including gun manufacturers and owners, argue that the Biden administration has overstepped its regulatory authority. They contend that the ATF’s rule contradicts existing firearm definitions and that such significant changes should be decided by Congress, not the executive branch.

“The expected result of ATF’s Rule was not simply to regulate this industry but to destroy it,” lawyers for Jennifer VanDerStok, a Texas woman who owns firearms components and challenged the measure, wrote.

Justice Brett Kavanaugh raised concerns about businesses potentially violating the regulation unintentionally, highlighting the complex nature of the issue and its potential impact on the firearms industry.

Potential Far-Reaching Consequences

The Supreme Court’s decision, expected by June 2025, could have far-reaching implications for federal firearm laws and future administrations’ ability to impose restrictions on firearms. If upheld, the ruling would mark a significant shift for a court that has generally been unreceptive to administrative agency power and gun restrictions.

“When these guns…come disassembled, they don’t get a serial number put on them, so it’s impossible for law enforcement to track these guns and find out where they came from. It’s a big law enforcement problem.” George Washington University School of Law professor Alan Morrison said.

As the justices deliberate, the firearms industry, law enforcement agencies, and gun rights advocates await a ruling that could reshape the landscape of gun regulation in America. The outcome of this case may set a precedent for how future administrations approach firearm restrictions and how the industry adapts to potential new compliance requirements.

Sources:

  1. Supreme Court to weigh legality of Biden administration’s ghost guns rule
  2. Supreme Court hears case on Biden administration’s ghost gun law
  3. Supreme Court seems open to upholding regulations on ghost guns, hard to trace weapons used in crime
  4. Majority of Supreme Court Appears Receptive to Biden Administration Limits on ‘Ghost Guns’
  5. Supreme Court signals it may uphold Biden’s regulations on ‘ghost gun’ kits