Supreme Court Lifts Injunction On Biden’s Ghost Gun Regulation

In a surprising move, the U.S. Supreme Court on Tuesday, by a 5-4 vote, supported the Biden Administration’s stance on “ghost guns,” temporarily allowing the enforcement of regulations over these untraceable firearms that can be assembled from home kits. The decision showcases the Court’s shifting dynamics, even as conservative justices maintain a presumptive majority.

The federal regulation, implemented a year ago by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), aims to treat so-called “ghost guns” similarly to other firearms. This regulation would necessitate serial numbers for tracing, background checks, and sales records. 

Specifically, unfinished firearm parts, such as handgun frames or long gun receivers, would be considered completed firearms, requiring licenses and serial numbers. Furthermore, manufacturers would need to conduct background checks before selling these components, aligning with requirements for commercial firearm sales.

The Supreme Court’s split verdict, a close 5-4, manifested the deeply rooted divisions on this contentious issue. The majority consisted of Chief Justice John Roberts and Justice Amy Coney Barrett aligning with the court’s three Democrat members. The more conservative judges — Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas — voted to keep the earlier Texas federal judge’s ruling that invalidated Biden’s ATF regulation.

U.S. District Judge Reed O’Connor, who previously found the regulation exceeding ATF’s power, had written that federal law’s definition of a firearm does not encompass individual gun components. The Firearms Policy Coalition, a leading voice opposing the regulation, concurred with O’Connor’s perspective. “We’re deeply disappointed that the Court pressed pause on our defeat of ATF’s rule effectively redefining ‘firearm’ and ‘frame or receiver’ under federal law,” said Cody J. Wisniewski, the Coalition’s General Counsel.

For now, Biden’s regulation stands. However, it’s evident that as this case progresses to the 5th U.S. Circuit Court of Appeals in New Orleans and possibly even returns to the Supreme Court, vigorous debates and legal challenges will persist. The nation watches keenly, understanding that the outcome might redefine the landscape of gun rights and regulations in America.