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Supreme Court to Decide Legality of Biden Administration’s Crackdown on “Ghost Gun” Kits

Last August, the Supreme Court voted, 5-4, to allow the Biden administration to implement the regulation while legal challenges to it continued. | Francis Chung/POLITICO

In a significant development, the Supreme Court has agreed to review the legality of the Biden administration’s crackdown on the sale of do-it-yourself “ghost gun” kits. These kits, which allow individuals to assemble untraceable firearms without background checks, have raised concerns about their potential use in crimes.

Background: Biden Administration’s Regulation

Attorney General Merrick Garland issued a regulation in 2022 aimed at categorizing ghost gun kits as firearms, thereby subjecting them to regulations that prevent their sale without background checks. This move was intended to address the proliferation of untraceable weapons and curb their use in criminal activities.

Legal Challenges and Lower Court Rulings

The regulation faced legal challenges, leading to a lower court’s injunction against its implementation. The New Orleans-based 5th Circuit Court of Appeals upheld this injunction, suggesting that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) may have overstepped its authority in attempting to regulate ghost guns.

Supreme Court Intervention

Last August, the Supreme Court allowed the Biden administration to proceed with implementing the regulation while legal challenges unfolded. Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s liberal wing in granting this request. The court’s recent decision to review the case indicates its recognition of the significant legal questions at stake.

Implications and Timing

The Supreme Court’s decision to take up the ghost gun case signifies its willingness to address contentious issues surrounding gun regulation. The case is expected to be argued in the fall, with a ruling likely after the November presidential election. This timing underscores the significance of the issue, which may have implications for future gun control efforts.

Conclusion: A Landmark Case on Gun Regulation

As the Supreme Court prepares to weigh in on the Biden administration’s ghost gun regulation, the outcome of this case could have far-reaching implications for gun policy in the United States. With legal arguments set to unfold in the coming months, stakeholders on all sides of the debate await the court’s decision with keen interest.

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