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SCOTUS reinstates Biden admin. ‘ghost gun’ regulations

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The U.S. Supreme Court blocked the ruling of a 5th circuit judge in Texas that allowed the sale of products that can be turned into untraceable firearms at home called “ghost guns.” The Monday, Oct. 16 ruling forces two Texas-based manufacturers, Blackhawk Manufacturing and Defense Distributed, to abide by a 2022 federal regulation aimed at reigning in “ghost guns.”

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Ghost guns have become a prolific issue in the U.S. According to the Centers for Disease Control and Prevention, ghost guns have contributed to the highest rate of firearm-related homicides in 25 years.

“Last year alone, there were approximately 20,000 suspected ghost guns reported to ATF as having been recovered by law enforcement in criminal investigations – a ten-fold increase from 2016,” a White House press release read.

At the point of purchase, these “ghost guns” have not technically been considered firearms in the eyes of the law. They are simply kits of parts that the purchaser then puts together at home. Because they are not firearms at the point of purchase, no serial number or background check is necessary to buy one, making it completely untraceable, hence the name “ghost gun.”

This Supreme Court ruling, however, has expanded the definition of a firearm in the 1968 Gun Control Act to include parts and kits that can be easily made into a firearm, including parts made in a 3-D printer. The ruling came without a dissenting opinion and marked the second time the high court ruled against the Texas judge.

In August, the Supreme Court blocked federal Judge Reed O’Conner’s ruling against the Biden administration regulation while the case was appealed. Now, without public dissent, the high court ruled in favor of the Biden administration regulation.

The ruling will require specific manufacturers to include serial numbers on build kits and run background checks on the purchaser before the sale, like any other firearm sale.

So far, 13 states have adopted “ghost gun” regulations, including a requirement to report any “ghost gun” to law enforcement.

  • Washington
  • Oregon
  • Nevada
  • Colorado
  • California
  • Hawaii
  • Illinois
  • New York
  • Rhode Island
  • New Jersey
  • Connecticut
  • Maryland
  • Delaware

Some of the stronger state laws target gun parts made with 3-D printers.

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THE SUPREME COURT HAS ONCE AGAIN RULED IN FAVOR OF THE BIDEN ADMINISTRATION’S ENFORCEMENT OF REGULATIONS AIMED AT GHOST GUNS – FIREARM-MAKING KITS THAT CAN BE PURCHASED ONLINE AND ASSEMBLED AT HOME.

MONDAY’S ORDER – WHICH HAD NO DISSENTING JUSTICE – CALLED FOR TWO INTERNET SELLERS OF GUN PARTS TO COMPLY WITH THE REGULATION.

THAT REGULATION — ISSUED BY THE ATF LAST YEAR — CHANGED THE DEFINITION OF FIREARMS UNDER FEDERAL LAW TO INCLUDE GHOST GUNS.

THE RULE REQUIRES MANUFACTURERS AND SELLERS OF THE KITS TO OBTAIN LICENSES, CONDUCT BACKGROUND CHECKS AND ADD SERIAL NUMBERS.

IN AUGUST – BY A VOTE OF 5 TO 4 – A SUPREME COURT RULING KEPT THE REGULATION IN EFFECT AFTER IT HAD BEEN INVALIDATED BY A LOWER COURT.