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Supreme Court To Review Biden Administration's Ghost Gun Regulation

The Supreme Court of the United States is seen in Washington, March 26, 2024. (AP Photo/Amanda Andrade-Rhoades, File)

The Supreme Court has agreed to hear an appeal from the Biden administration regarding the regulation of ghost guns, which are firearms that lack serial numbers and have been increasingly linked to crime scenes. The regulation, implemented in 2022, redefined firearms under federal law to include unfinished parts like handgun frames and long gun receivers, requiring them to be licensed and serialized for easier tracking. Manufacturers are also mandated to conduct background checks before selling these parts, similar to commercially made firearms.

The rule applies to all types of firearms, including ghost guns assembled from individual parts, kits, or 3D printers. It does not prohibit the purchase of kits or firearms. The Justice Department reported a significant rise in the seizure of ghost guns at crime scenes, with over 19,000 confiscated in 2021 alone, marking a tenfold increase in five years.

However, U.S. District Judge Reed O'Connor in Texas invalidated the regulation, arguing that it exceeded the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The 5th U.S. Circuit Court of Appeals, primarily composed of Trump appointees, upheld O'Connor's decision. Despite this, the Supreme Court intervened with a 5-4 vote to maintain the regulation's enforcement while the legal battle continues.

Chief Justice John Roberts and Justice Amy Coney Barrett, along with the liberal members of the court, formed the majority in allowing the regulation to remain in effect. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas dissented, preferring to halt the regulation during the appeals process. The case is set for arguments in the fall.

The Supreme Court's decision to review this appeal underscores the ongoing debate surrounding the regulation of ghost guns and the efforts to address their proliferation in criminal activities. Stay updated on the latest developments in this case by following the AP's coverage of the U.S. Supreme Court.

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