Regulation of Ghost Guns, Firearm Without Serial Numbers Reinstated by Supreme Court
The Supreme Court has reinstated a regulation aimed at addressing the increasing presence of ghost guns, firearms without serial numbers, at crime scenes. The court voted 5-4 to temporarily overturn a ruling by a federal judge in Texas that invalidated the Biden administration’s regulation of ghost gun kits. The regulation will remain in effect while the administration appeals the ruling to the 5th U.S. Circuit Court of Appeals and potentially the Supreme Court. The Justice Department argued that over 19,000 ghost guns were seized at crime scenes in 2021, representing a significant increase in recent years. The new rule, issued last year, broadens the definition of a firearm to include unfinished parts, requiring them to be licensed and include serial numbers for tracking purposes. Manufacturers must also conduct background checks before selling ghost gun parts. The regulation applies to all types of firearms, including those made from individual parts, kits, or 3D printers. U.S. District Judge Reed O’Connor had previously struck down the rule, arguing that it exceeded the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Critics argue that the ATF departed from longstanding regulatory practices in expanding the definition of a firearm.