SCOTUS Will Allow Enforcement of 'Ghost Gun' Regulation

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Facts

  • The US Supreme Court (SCOTUS) on Monday vacated a lower court ruling against a Biden administration regulation regarding 'ghost guns,' allowing the administration to enforce a rule that requires firearms and unfinished parts to be licensed and serialized.1
  • Ghost guns are kits people can buy online to build a fully functional firearm. They lack serial numbers and transfer records, and don’t require background checks.2
  • This decision ended an injunction placed by Judge Reed O’Connor on Sept. 14 exempting two manufacturers – Blackhawk Manufacturing and Defense Distributed – from the Biden administration’s 2022 regulation aimed at curtailing privately made firearms.3
  • The regulation in question was issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and required any disassembled gun parts to carry serial numbers. It also required purchasers to pass a background check.4
  • O’Connor on June 30 issued a nationwide ban on the ATF’s enforcement of the regulation, which the 5th Circuit Court of Appeals narrowed but largely upheld. SCOTUS on Aug. 8 granted the government’s request to enforce the rule while litigation continued.5
  • The appeal is still moving ahead in the 5th U.S. Circuit Court of Appeals.6

Sources: 1Associated Press, 2CNN, 3Reuters, 4NPR Online News, 5SCOTUSblog and 6The Hill.

Narratives

  • Democratic narrative, as provided by Vox. SCOTUS made the common sense decision allowing the administration to regulate ghost guns and reject Judge O'Connor's attempt to circumvent the law. Whether you're buying a gun whole or you’re buying parts to assemble a gun, you should face the same regulations in your jurisdiction. Even the conservative-leaning SCOTUS understands this.
  • Republican narrative, as provided by ZeroHedge. SCOTUS has once again incorrectly ruled in favor of the administration's ghost gun regulation. This rule proves the government doesn't understand what gun kits are and how they are bought and sold. Unfortunately, Biden will be able to continue his assault on gun owners' rights, but eventually, SCOTUS will have to rule on the legality of ghost guns rather than just the technicalities of this case.

Predictions