In a pivotal move, the Biden administration has made an urgent plea to the U.S. Supreme Court, seeking a reversal of a lower-court decision hindering its ability to regulate the clandestine world of “ghost guns.” These privately crafted firearms, notorious for their untraceable nature, present a formidable challenge for law enforcement.
At the crux of the matter lies a ruling by the New Orleans-based 5th U.S. Circuit Court of Appeals, which, in a contentious decision last November, invalidated a rule set forth by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in 2022. This rule, aimed at curbing the rampant proliferation of ghost guns, was deemed “unlawful” by the appellate court, much to the chagrin of the administration.
Central to the ATF’s regulation was an updated definition of key terms like “firearm,” “frame,” and “receiver” under the Gun Control Act of 1968. This update sought to tackle the surge of ghost guns—firearms devoid of serial numbers, often assembled from kits obtainable online or in stores without the need for background checks.
Disturbingly, the Justice Department revealed that in 2021 alone, over 19,000 suspected ghost guns were reported to the ATF, marking a staggering 1,000% increase since 2017. Such a surge underscores the urgent need for regulatory measures to stem the tide of these elusive weapons.
However, the 5th Circuit’s ruling, delivered by a panel entirely composed of judges appointed during the tenure of former President Donald Trump, struck a blow to these efforts. The court asserted that the ATF’s rule exceeded the agency’s regulatory authority, triggering an uproar from the Biden administration.
Emphasizing the potential repercussions of this ruling, the Justice Department warned that it could pave the way for an influx of untraceable ghost guns, posing a grave threat to public safety and impeding law enforcement’s ability to combat violent crimes effectively.
Undeterred by setbacks, the Biden administration has consistently championed the regulation of ghost guns, citing their allure to criminals and individuals barred from purchasing firearms through legal channels, including minors.
As the legal battle rages on, the administration’s plea to the Supreme Court stands as a pivotal moment in the ongoing struggle to rein in the proliferation of ghost guns, safeguarding communities and preserving public safety.
