Challenge to Biden’s ‘Ghost Guns’ Curbs to be Heard by US Supreme Court

The U.S. Supreme Court has agreed to review the legality of a federal regulation targeting homemade “ghost guns” as the Biden administration aims to combat the use of these untraceable weapons in crimes across the country.

The lower court’s ruling that the ATF exceeded its authority in issuing the 2022 rule on ghost guns parts and kits is being challenged by the administration.

This case will be heard during the Supreme Court’s upcoming term starting in October.

The ATF rule aimed to address the rise in ghost guns being purchased online without serial numbers or background checks, making them appealing to criminals and prohibited buyers like minors.

The regulation expanded the definition of a firearm under the Gun Control Act of 1968 to include parts and kits that can be easily turned into guns. It required serial numbers, licensing for manufacturers and sellers, and background checks for buyers.

Various plaintiffs, including gun parts manufacturers and gun rights groups, sued to block the rule in federal court in Texas.

In response to the administration’s claim of an increase in crimes involving ghost guns, police departments have seen a surge in the recovery of these weapons annually.

However, tracing ghost guns is challenging, with less than 1% of unserialized firearms being linked to unlicensed purchasers from 2016 to 2021, according to court documents.

Although the 5th U.S. Circuit Court of Appeals ruled in favor of the plaintiffs challenging the rule in Texas, the rule remains in effect due to actions taken by the Supreme Court last year.

The rule imposes similar conditions on the sale of parts and kits as those governing firearms manufacturers and dealers in millions of transactions each year.

The legal battle over the ATF rule centers on whether the agency exceeded its authority under the Gun Control Act and not on Second Amendment rights.

The U.S., with the highest gun ownership rate globally, is deeply divided on addressing gun violence, including mass shootings.

In recent years, the Supreme Court has expanded gun rights in several key rulings, including a landmark decision in 2022 protecting the right to carry a handgun in public for self-defense.

In another gun-related case, the legality of a federal ban on “bump stocks” – devices that enable rapid firing of semiautomatic weapons – is being deliberated by the court, with a ruling expected by June.