Donald Trump’s friend Kari Lake has lost a bid for her election case at the Supreme Court.
https://twitter.com/kylenabecker/status/1782419329532723551
It has been noted that The Supreme Court on Monday agreed to review a lower court decision that invalidated a rule from the Biden administration that aimed to address the proliferation of crimes involving “ghost guns” via CBS News.
It has come to light that the regulation at issue was implemented by the Bureau of Alcohol, Tobacco, Firearms and Explosives in April 2022 and imposed a series of requirements on manufacturers and sellers of so-called ghost guns, which are firearms that can be assembled from kits sold online.
ATF’s rule revised the definition of “firearm” under the Gun Control Act to include certain weapon parts kits, and clarified that it includes partially completed parts such as the frame or receiver.
The outcome saw covered manufacturers and sellers have to obtain licenses, mark their products with serial numbers, run background checks and keep purchase records, which are all required for firearms made and sold in the U.S.
The rule involves all ghost guns, including those made with 3D printers or sold as assembly kits.
A group of gun owners, advocacy groups, and ghost gun distributors filed a lawsuit against ATF in August 2022, arguing that the two portions of its rule, regarding the term “frame or receiver” and the definition of “firearm,” exceeded its authority.
A federal district court in Texas recently supported the challengers, finding that the Gun Control Act doesn’t “cover weapon parts, or aggregations of weapon parts,” regardless of whether they can be assembled into “something that may fire a projectile.”
The district court invalidated the entire regulation, including those not at issue in the lawsuit. The Biden administration appealed, and the U.S. Court of Appeals for the 5th Circuit halted the lower court’s order as to the unchallenged portions of the rule.
The Supreme Court then halted the full decision in a 5-4 ruling, allowing ATF to enforce the restrictions while legal proceedings continued. Chief Justice John Roberts and Justice Amy Coney Barrett joined with the three liberal justices in the majority.
The Justice Department asked the Supreme Court to review the appeals court’s decision in February, arguing that it contradicts the plain text of the Gun Control Act.
“Under the Fifth Circuit’s interpretation, anyone could buy a kit online and assemble a fully functional gun in minutes — no background check, records, or serial number required,” it told the Supreme Court. “The result would be a flood of untraceable ghost guns into our nation’s communities, endangering the public and thwarting law-enforcement efforts to solve violent crimes.”
The Biden administration informed the court that the weapon parts kits can be converted into a fully functional firearm in just 21 minutes, and ghost guns allow felons, minors, and others barred from buying firearms to circumvent the law.
