SCOTUS to Hear 'Ghost Guns' Case Next Term

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Facts

• The US Supreme Court agreed on Monday to take up the issue of whether the Biden administration can lawfully impose regulations on so-called ghost guns.¹
• The case will be argued in the Supreme Court's next term, which begins in October, as both the Biden administration and challengers to its rule have asked for a definitive decision on the issue.²
• The justices will hear arguments over whether the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) can require serial numbers on part kits and manufacturers and sellers to obtain federal firearm licenses.³
• While VanDerStok v. Garland proceeds, the Supreme Court has allowed the federal government to temporarily enforce the rule issued in 2022 by the ATF.⁴
• Last November, a three-judge panel at the US Fifth Circuit of Appeals unanimously found that the federal agency overstepped its bounds and went beyond Congress to redefine partially completed pistol frames as firearms.⁵
• The sales of ghost guns, which can be assembled from do-it-yourself kits at a relatively inexpensive price, have seen an increase since the mid-2010s.⁶

Sources: ¹CNN, ²CBS, ³Courthouse News Service, ⁴FOX News, ⁵Breitbart and ⁶New York Times.

Narratives

• Narrative A, as provided by Reason.com. Courts across the US have found that the White House and regulators have made up illegal rules against privately made guns to tighten gun control — and hopefully, the Supreme Court will decide the same way. Congress was fully aware of and expressly protected the long-established tradition of at-home gun-making in the Gun Control Act of 1968.
• Narrative B, as provided by National Review. Whether you like it or not, the ATF does have the statutory grounds to enforce the Gun Control Act of 1968, which defines a firearm as any destructive device — including a combination of parts that can be readily converted to expel a projectile. Motivations for the rule and effectiveness may be questioned, but not its legality.

Predictions