Biden’s DOJ seeks Supreme Court’s protection for ghost gun regulations.
The Biden Administration Turns to Supreme Court for Relief in Ghost Gun Regulations Case
The Biden administration is once again seeking help from the Supreme Court after the Justice Department claimed that an appeals court had defied a previous ruling upholding ghost gun regulations. The 5th U.S. Circuit Court of Appeals recently ruled that President Joe Biden’s attempt to ban ghost gun kits cannot be enforced on two unfinished gun part manufacturers. In response, the Justice Department filed an emergency application, asking the justices to “vacate” the original district court’s injunction against the regulations.
Challenging the Lower Courts
DOJ Solicitor General Elizabeth Prelogar argued that the district court and the Fifth Circuit had countermanded the Supreme Court’s authoritative determination about the status quo during appellate proceedings. She criticized the lower courts for relying on arguments that the Supreme Court had rejected and granting relief that had been withheld.
Supreme Court Intervention
The Supreme Court had previously granted an emergency stay of a U.S. District Judge’s decision against the Bureau of Alcohol, Tobacco, Firearms and Explosives rule. However, the 5th Circuit panel made significant changes to the district court’s ruling, stating that the ghost gun regulations do not apply to the plaintiff manufacturers and narrowing the scope of the injunction to private citizens who purchase parts to make homemade guns.
Impact on Manufacturers and Gun Advocates
The panel emphasized that forcing the plaintiff manufacturers to shut down or face arrest pending judicial review of the Final Rule would cause irreparable harm. The ATF regulations require special licenses, traceable serial numbers, background checks, and record-keeping for creators or sellers of ghost gun kits. However, these regulations have faced criticism from pro-gun advocates and manufacturers who argue that the reclassification of parts kits as firearms is unconstitutional.
Monday’s ruling by the 5th Circuit marked a split decision for the Justice Department, as it seeks to uphold the ATF rule to combat untraceable firearms. It was a victory for the plaintiff manufacturers who aim to protect their businesses from the extensive regulations. In a separate case, the same judge also ruled that the ATF’s redefinition of pistols equipped with stabilizing braces as short-barrel rifles was likely unconstitutional.
How does the ruling by the 5th Circuit Court of Appeals affect the Biden administration’s efforts to regulate ghost guns?
Es to intervene and enforce the ghost gun regulations.
Ghost guns, also known as privately-made firearms, are unregistered and untraceable weapons that are assembled from parts without serial numbers. These guns have become a growing concern as they are increasingly being used in crimes across the United States. In an effort to address this issue, President Biden issued a series of executive actions aimed at regulating ghost guns, including the proposed ban on ghost gun kits.
However, the 5th Circuit Court of Appeals ruled that the ban on ghost gun kits could not be enforced on two unfinished gun part manufacturers because they do not meet the definition of “firearm” under the Gun Control Act. This decision was based on a previous ruling by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which determined that unfinished gun parts do not meet the statutory definition of a firearm.
The Biden administration argues that this ruling undermines its efforts to regulate ghost guns and poses a threat to public safety. In its emergency application to the Supreme Court, the Justice Department asserts that the 5th Circuit’s decision goes against a previous ruling by the Supreme Court which affirmed the ATF’s authority to regulate firearms.
The administration further contends that ghost guns pose a unique threat to law enforcement and public safety. These weapons are often used in crimes because they lack serial numbers, making them difficult to trace. By allowing the sale and distribution of ghost gun kits without regulation, the 5th Circuit’s ruling essentially enables the proliferation of untraceable firearms.
The Biden administration also claims that the 5th Circuit’s decision conflicts with decisions from other circuit courts. Several other courts have upheld the ATF’s authority to regulate ghost guns and the unfinished gun parts used to construct them. The conflicting rulings among the circuit courts create legal uncertainty and make it difficult for the administration to effectively enforce its regulatory efforts.
The decision by the Supreme Court to take up this case could have significant implications for the future of ghost gun regulations in the United States. If the Court affirms the 5th Circuit’s ruling, it could undermine the Biden administration’s ability to address the problem of ghost guns. On the other hand, if the Court overturns the decision, it could strengthen the administration’s authority to regulate ghost guns and potentially lead to stricter regulations in the future.
The Biden administration’s decision to turn to the Supreme Court for relief in this case demonstrates its commitment to addressing the issue of ghost guns. It underscores the importance of regulating these weapons to ensure public safety and to prevent them from falling into the wrong hands.
Regardless of the outcome, this case highlights the complex legal issues surrounding ghost gun regulations. As the popularity and usage of these weapons continue to grow, it is crucial for policymakers and lawmakers to find effective solutions that strike a balance between protecting public safety and upholding Second Amendment rights. The Supreme Court’s decision in this case will have a lasting impact on the regulation of ghost guns and the broader debate on gun control in the United States.
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