The Supreme Court has agreed to rule on whether the Biden administration exceeded its authority by implementing new regulations on 'ghost guns,' which are mail-order kits that enable individuals to construct untraceable firearms at home. These kits lack serial numbers, bypass background checks, and evade transfer records, making them appealing to individuals prohibited from purchasing firearms legally.
In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives sanctioned a regulation mandating manufacturers to include serial numbers on the kits and maintain records of purchasers. Advocacy groups and five kit manufacturers contested the regulation, asserting it violated existing laws.
The rule does not ban the sale or possession of ghost gun kits but enforces compliance with federal laws governing the commercial sale of firearms.
A US district court in Texas invalidated the rule, a decision mostly upheld by the conservative 5th US Circuit Court of Appeals. The Supreme Court intervened twice on an emergency basis, temporarily halting lower court rulings against the regulation.
Last summer, the Supreme Court, in a 5-4 decision, supported the Biden administration's stance, allowing the regulations to persist during legal challenges. Notably, Chief Justice John Roberts and Justice Amy Coney Barrett aligned with liberal justices in favor of the administration.
The Biden administration highlighted a surge in crimes involving ghost guns, with police tracing over 19,000 such firearms in 2021, up from 1,600 in 2017.
Both the administration and kit manufacturers urged the Supreme Court to review the case. The manufacturers contended that their kits cater to law-abiding citizens crafting their firearms and accused the administration of attempting to shutter their businesses.
