The Supreme Court has “stayed” a lower court judgment that had blocked the Biden administration’s ban on phantom weapons.
Now we can implement President Joe Biden’s new gun control measures. Homemade firearms without serial numbers are known as “ghost guns,” and they are nearly impossible to track down.
The government has decided that it is time to begin requiring serial numbers and regulating these weapons.
U.S. District Judge Reed O’Connor of the Northern District of Texas issued an injunction because he found that the regulation conflicted with the law.
O’Connor found that the ban exceeded its authority under the law because it included “partially manufactured firearm components, related firearm products, and other tools and materials.”
While the 5th Circuit considered an appeal of the injunction, the Supreme Court ruled that the government’s prohibition on ghost weapons may remain in effect. Four conservative justices wrote dissenting opinions. Justices Thomas, Alito, Gorsuch, and Kavanaugh were all part of that group.
Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal justices (Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson) in upholding the rule.
The Biden administration pleaded with the Supreme Court in August to reverse a ruling that threatened the legality of all federal “ghost gun” prohibitions across the country.
Biden declared last year that he would be taking action against “ghost guns,” or firearms marketed in kit form. Several court challenges have been filed against the new ATF firearms and ammunition rule.
At the end of last month, a federal judge in Texas appointed by Republicans ruled that the law was unconstitutional and ordered its nationwide implementation to cease.
Although the 5th U.S. Circuit Court of Appeals later modified its ruling to strike down just some provisions of the regulation, the Justice Department nonetheless petitioned the Supreme Court to put a hold on the whole ruling while awaiting the outcome of the lawsuit.
The Supreme Court is now debating two provisions: the first makes it plain that specific component kits are included in the federal definition of a “firearm,” and the second defines “frame or receiver” to include dismantled parts that are easily convertible into an operational firearm.
Serial numbers, documentation, and criminal history checks are just some of the new areas of federal law that fall under the rule’s purview. However, a federal judge in Texas ruled that the ATF’s enlarged definitions exceeded the scope of federal firearms regulations.
Conservative Justice Samuel Alito, who hears emergency pleas from the 5th Circuit, has ordered a delay to allow gun rights activists time to reply to the administration’s request.
According to The Hill, the injunction is not binding on the Supreme Court.
“The district court’s universal vacatur is irreparably harming the public and the government by reopening the floodgates to the tide of untraceable ghost guns flowing into our nation’s communities,” the Justice Department wrote in its request.
“Once those guns are sold, the damage is done. Some will already be in the hands of criminals and other prohibited persons, and when they are inevitably used in crimes, they are untraceable.”
The number of “ghost guns” reported to the ATF for tracking increased from around 1,600 in 2017 to over 19,000 in 2021, according to the Biden administration. They also argued that the lower court’s decision was too broad in its prohibition of the clauses, which was another point of criticism.
Five gun manufacturers and distributors, two lobbying organizations, and two gun owners have filed challenges to the regulation. There are now several cases being heard involving ghost firearms, including this one. Alito’s directive gave the plaintiffs until Wednesday to reply to the government’s request.
“We’re elated that the Fifth Circuit has seen through ATF’s unpersuasive arguments and has determined that ATF failed to show it is likely to win on appeal,” said Cody J. Wisniewski, an attorney at the Firearms Policy Coalition, one of the groups challenging the rule.
“ATF lost at the district court and has now lost its first bite at the Fifth Circuit; we look forward to continuing to win against ATF’s unlawful and unconstitutional gun control regime,” he added.
“Every speaker of English would recognize that a tax on sales of ‘bookshelves’ applies to IKEA when it sells boxes of parts and the tools and instructions for assembling them into bookshelves,” the Justice Department wrote. “The court’s insistence on treating guns differently contradicts ordinary usage and makes a mockery of Congress’s careful regulatory scheme.”
The government has urged the Supreme Court to either hear the case and overturn the lower court’s ruling or to take it up on the merits and set oral arguments for this autumn.
If the latter alternative is selected, the case will not be heard by the 5th U.S. Circuit Court of Appeals, which has already set oral arguments for Sept. 7.