The U.S. Supreme Court prepares to tackle a pivotal case regarding the ATF’s authority to regulate ghost gun kits under the Gun Control Act.
At a Glance
- The Biden administration seeks to regulate ghost gun kits as traditional firearms.
- Proposed rules include requiring licenses, serial numbers, background checks, and records.
- The legal issue revolves around whether gun kits should be classified as firearms under the Gun Control Act.
- The Supreme Court’s decision will influence future ghost gun regulation and Second Amendment implications.
Supreme Court Reviews Ghost Gun Regulation
The Supreme Court is set to hear a case challenging the ATF’s regulatory power over ghost gun kits. These kits, which allow individuals to assemble untraceable firearms at home, bypass existing gun control measures due to their lack of serial numbers. The Department of Justice’s appeal aims to reinstate the ATF’s authority following a lower court’s ruling that found the ATF exceeded its statutory powers by classifying these kits as firearms.
Under the Gun Control Act of 1968, firearms must be traceable through unique serial numbers. The question at hand is whether parts used to assemble these ghost guns can be defined as “frames or receivers,” thus constituting firearms. If the Supreme Court rules in favor of the ATF, it could lead to stricter federal regulations requiring sellers to mark these kits with serial numbers and conduct background checks on buyers.
The Supreme Court will consider the lawfulness of a rule regulating "ghost gun" kits just months after it wiped out a federal ban on bump stock devices that make semi-automatic rifles fire like machine guns. https://t.co/tfwtWI4o2h
— Bloomberg Law (@BLaw) October 7, 2024
Implications for Public Safety
Ghost guns have been increasingly associated with criminal activities, as noted by the ATF and local authorities like the Manhattan District Attorney. These firearms, devoid of serial numbers, are favored among violent criminals for their anonymity. The Biden administration’s proposed regulations aim to mitigate this threat through more robust oversight and traceability, presenting ghost gun kits as a significant public safety concern.
Defenders of the ghost gun kits argue that they are predominantly utilized by hobbyists and enthusiasts rather than criminals. This perspective, however, faces challenges from increasing crime scene evidence where ghost guns play a central role. Proponents of regulation point out that homemade weapon proliferation poses a threat that needs immediate attention.
Tomorrow, an ATF rule regulating the sale and manufacture of ghost guns—untraceable guns that can be made at home with parts available without a background check—is being challenged before the Supreme Court. How #SCOTUS decides this case will determine whether kits for assembling… pic.twitter.com/5q1UvR1JpS
— Moms Demand Action (@MomsDemand) October 7, 2024
Debates on Authority and Second Amendment
Challengers in this case argue that the current Gun Control Act does not extend to gun kits. They assert that the ATF overreaches its authority without a specific directive from Congress. This raises broader debates about federal overreach in regulating gun parts and whether such regulation infringes on Second Amendment rights.
The Supreme Court’s decision, expected in early 2025, will have far-reaching implications, potentially reshaping the framework for gun control policy in the United States. Observers from both sides of the political spectrum are closely monitoring the proceedings, reflecting the case’s significance in impacting public safety, gun rights, and regulatory reach.
Sources:
- Supreme Court appears likely to uphold Biden plan to crack down on ‘ghost gun’ kits
- Supreme Court appears likely to uphold limits on ghost gun kits