Biden Admin Returns to Supreme Court in Ongoing 'Ghost Gun' Battle

By Knowladgey Team

October 6, 2023

The "Ghost Gun" Legal Battle Returns to the U.S. Supreme Court

– The  ongoing legal battle over "ghost guns" has returned to the U.S.      Supreme Court. – The Biden administration seeks to regain authority over these      "untraceable firearms" following a recent victory for Second  Amendment advocates. – The ongoing legal battle over "ghost guns" has returned to the U.S.      Supreme Court.

Understanding "Ghost Guns

– "Ghost      guns" are partially completed frames and kits that can be assembled      into functional firearms. – The      Biden administration aims to regulate them by requiring makers to obtain      licenses, mark products with serial numbers, maintain transaction records      and conduct background checks. – These      guns are currently unregulated, making them attractive to criminals.

The Ongoing Legal Battle

– The      battle began with a nationwide block of the ATF's rule by Judge Reed      O'Connor of the Northern District of Texas. – Justice      Samuel Alito issued a temporary administrative stay to allow enforcement      of the ATF rule. – Recent      developments in the Fifth Circuit Court of Appeals have complicated      matters.

Unintended Consequences

– Recent      rulings have allowed certain companies, such as Defense Distributed and 80      Percent Arms, to monopolize the "ghost gun" market. – These      companies can sell firearm frames and kits while legal proceedings unfold. – The      Biden administration faces unexpected challenges in its efforts to      regulate.

The Biden Administration's Argument

– Solicitor      General Elizabeth Prelogar has urged the Supreme Court to reinstate ATF      regulations on "ghost guns." – She      argues that the lower court's injunction imposes the same harm on the      government and the public. – The      administration seeks to prevent the sale of these firearms without      background checks.

Tackling the Issue of 'Ghost Guns'

– The      ATF's updated rules, effective since August 2022, redefine terms related      to firearms to address the "ghost gun" issue. – The      government argues that the lack of background checks and serial numbers      makes these guns attractive to criminals. – President      Joe Biden has vowed to crack down on "ghost guns" due to their      association with criminal activity.

What Lies Ahead

– The      "ghost gun" battle continues to be a legal and political      challenge. – The      Supreme Court's decision will impact the regulation of these firearms and      their availability in the market. – Stay      tuned for further developments in this ongoing saga.