ByCam Edwards |12:29 PM | April 22, 2024
The Supreme Court heard oral arguments in a challenge to the Trump administration's ban on bump stock's earlier this year, but now it's putting the Biden administration's regulations on unfinished frames and receivers under the microscope. The Court announced on Monday morning that it will hear Vanderstok v. Garlandin the fall term, granting the government's request for certiorari after the Fifth Circuit Court of Appeals upheld a district court decision in favor of the plaintiffs.
Judge Reed O’Connor, of the Federal District Court for the Northern District of Texas, sided with the challengers and struck down the regulation in July, saying that “a weapon parts kit is not a firearm” and “that which may become or may be converted to a functional receiver is not itself a receiver.”
Judge O’Connor, who was appointed by President George W. Bush, added: “Even if it is true that such an interpretation creates loopholes that as a policy matter should be avoided, it is not the role of the judiciary to correct them. That is up to Congress.”
A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, in New Orleans, affirmed Judge O’Connor’s ruling. All three members of the panel were appointed by President Donald J. Trump.
“Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct,” Judge Kurt D. Engelhardt wrote for the panel, “the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will.”
It was the Biden administration that sought Supreme Court review, but the Firearms Policy Coalition, which filed the Vanderstoklawsuit along with the Second Amendment Foundation, says its "delighted" that SCOTUS has granted cert and will hopefully apply the Fifth Circuit's decision nationwide.
"This is an important day for the entire liberty movement. By agreeing to hear our case, the Supreme Court will have the opportunity to put ATF firmly in its place and stop the agency from unconstitutionally expanding its gun control agenda. We look forward to addressing this…
— Firearms Policy Coalition (@gunpolicy) April 22, 2024
SAF Executive Director Adam Kraut also pronounced himself "delighted" with the Supreme Courts' decision to grant cert, adding, “ATF has continuously exceeded its constitutional authority and violated the separation of powers by creating law - a job reserved exclusively for Congress. It is time for the Supreme Court to remind ATF that it may not do so and affirm the judgment of the Fifth Circuit.”
“This case typifies the Biden administration’s war on the Second Amendment,” added SAF founder and Executive Vice President Alan M. Gottlieb. “Clearly under Joe Biden, the ATF has unilaterally set itself up as the sole authority on firearms regulation, bypassing Congress and arbitrarily changing long-standing regulations to suit the administration’s anti-gun agenda.”
Gun control activists, meanwhile, are using the Court's decision to spread misinformation about the scope of the rule.
Breaking News: #SCOTUS will take up the issue of ghost guns next term & possibly determine the fate of the Biden-Harris administration's rule regulating these weapons. Reminder: ghost guns are fully functioning firearms that are sold in parts & kits & can be purchased by anyone. https://t.co/N1jLi0h3XU
— Kris Brown | President, bradyunited.org (@KrisB_Brown) April 22, 2024
The kits that Brown refers to are not"fully functioning firearms". The ATF rule treats unfinishedframes and receivers as if they're fully completed, which would make them firearms as defined by federal law. It's up to the purchaser to turn the incomplete parts into a completed frame or receiver. Unlike firearms that are sold at retail, home-built guns do not require a serial number, which is a huge problem as far as the gun control lobby is concerned, but as both O'Connor and the Fifth Circuit have noted, it's up to Congress to make new law, not the ATF or DOJ.
In a previous 5-4 decision, the Supreme Court allowed the ATF rule to be enforced while the litigation continues, which admittedly isn't a great sign, but it's hardly a guarantee that the anti-gunners are going to be victorious when the case is heard on the merits this fall. Congress was pretty explicit in defining a firearm, and they declined to include something that couldbecome a functioning gun with some elbow grease and manipulation. The ATF's rule abrogates the legislative branch's power, and the agency has no authority to do so. This should be an easy call for SCOTUS, but given the narrow majority that allowed the rule to remain in effect despite the Fifth Circuit's edict, the ultimate outcome is likely to hinge on Chief Justice John Roberts and Justice Amy Coney Barrett's willingness to accept the DOJ's argument that the rule is merely an interpretation of existing law, and not a new law all its own.
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FAQs
The U.S. Supreme Court on Monday ordered two internet sellers of gun parts to comply with the Biden administration's regulations aimed at blocking ghost guns. The Supreme Court voted 5-4 on Tuesday to allow the Biden administration's regulations on ghost guns to go into effect.
What was the Scotus Heller decision? ›
Private citizens have the right under the Second Amendment to possess an ordinary type of weapon and use it for lawful, historically established situations such as self-defense in a home, even when there is no relationship to a local militia.
How much time do you get for a ghost gun? ›
If you are convicted of this charge as a misdemeanor, you could be sentenced to up to one year in County Jail. If you are convicted of this charge as a felony, you could be sentenced to up to 16 months, 2 or 3 years in a County Jail Prison, pursuant to PC 1170(h).
Can I still buy a Ghost Gun kit? ›
In August 2022, a rule issued by the Biden-Harris administration went into effect to prevent the spread of ghost guns by clarifying that all ghost gun kits and some parts are required to be serialized, sold by a licensed dealer, and are subject to a Brady Background Check.
Are ghost guns legal under federal law? ›
“(5) Beginning on the date that is 1 year after the date of enactment of the Ghost Guns and Untraceable Firearms Act of 2023, it shall be unlawful for any person other than a licensed manufacturer or importer to possess a ghost gun in or affecting interstate or foreign commerce with the intent to sell or transfer the ...
Did the Supreme Court grant Biden administration request to enforce ghost gun restriction against two Texas manufacturers? ›
The US supreme court on Monday barred two Texas-based manufacturers from selling products that can be quickly converted at home into firearms called “ghost guns”, granting a request by Joe Biden's administration to once again block a federal judge's order that had sided with companies.
Which state has the harshest gun laws? ›
State With Strictest Gun Laws
California and New Jersey are the states that have the strictest gun laws in the nation, scoring both A on the Giffords gun law scorecard. California requires a 10-day waiting period for all gun purchases, as well as a thorough background check for all gun purchasers.
Does banning guns violate the Second Amendment? ›
The Second Amendment was written to protect Americans' right to establish militias to defend themselves, not to allow individual Americans to own guns; consequently, gun-control measures do not violate the U.S. Constitution.
What was the dissenting opinion of the Heller decision? ›
Justice John Paul Stevens wrote a dissenting opinion. In a dissenting opinion, Justice John Paul Stevens stated that the court's judgment was "a strained and unpersuasive reading" which overturned longstanding precedent, and that the court had "bestowed a dramatic upheaval in the law".
Are ghost guns illegal in Canada? ›
In Canada, it is illegal to make your own firearms without the proper firearms license, whether using a 3D printer or other means. PMFs, also called "ghost guns," and can appeal to individuals intending to use them for criminal purposes since they do not have a serial number and are difficult to trace.
People who already own ghost guns can still have them, so long as they aren't legally prohibited from owning guns. But any dealers that have ghost guns in their inventory must serialize them, as well as any unserialized ghost guns they acquire in the future.
Can you give someone a ghost gun? ›
(California enacted mirroring prohibitions in the Business and Professions Code (effective January 1, 2023) on purchasing, selling, offering to sell, or transferring ownership of any unfinished frame or receiver that is not deemed a firearm under federal law.
How much should a ghost gun cost? ›
What are ghost guns? Ghost guns are homemade firearms that are purchased online and can be made for under $500. The guns lack serial numbers used to trace them and are unregulated by the government. The guns can also be bought without a background check.
What is the 80 receiver rule? ›
“80% receiver,” “80% finished,” “80% complete” and “unfinished receiver” are all terms referring to an item that some may believe has not yet reached a stage of manufacture that meets the definition of "firearm frame" or "receiver" according to the Gun Control Act (GCA).
How many times can you fire a ghost gun? ›
David Chipman of Giffords said that it's possible to use a 3D printer to create a frame or receiver and then combine it with metal parts to create a ghost gun. "They're not as reliable as metal frames or receivers, but they can fire 1,000 or 2,000 rounds" before failing, he explained.
Are ghost guns being banned? ›
The Supreme Court on Tuesday allowed the Biden administration to temporarily reinstate a rule by the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulating “ghost guns” while a challenge to the rule continues in a federal appeals court.
What is the ghost gun ban ruling? ›
In October, they set aside his injunction that would have let two manufacturers continue selling their ghost gun products. O'Connor issued a 2023 ruling invalidating the rule, finding that the administration exceeded its authority under the Gun Control Act.
What is the new ghost gun legislation? ›
Introduced in House (03/01/2021) This bill broadens the definition of firearm for purposes of federal firearms laws. Specifically, it includes as a firearm any combination of parts designed or intended to be used to convert a device into a firearm and from which a firearm may be readily assembled.
What is the new ghost guns law? ›
The unserialized weapons allow unlicensed manufacturers and illegal possessors to bypass state laws, including California's requirements on firearm ownership recording and background checks, rendering them largely untraceable by law enforcement.
