Supreme Court Signals Support for Ghost Gun Regulations in Potential Victory for Gun Control Advocates
WASHINGTON, D.C. – The Supreme Court appears poised to uphold federal regulations onghost guns, homemade firearms that lack serial numbers and are difficult to trace, signaling a potential victory for gun control advocates. During oral arguments on Tuesday, justicesexpressed skepticism towards arguments from gun rights groups challenging the regulations, suggesting a willingness to uphold the Biden administration’s efforts to curb gun violence.
The case,NRA v. ATF, centers on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule requiring manufacturers and sellers of unfinished gun parts to obtain a federal license and conduct background checks on buyers. This rule effectively targets ghost guns,which are often assembled from kits purchased online and can be made without serial numbers, making them difficult to trace in criminal investigations.
Justice Elena Kagan, known for her liberal leanings, questioned the logic behind the gun rights groups’ argumentthat the ATF rule violated the Second Amendment. If the Second Amendment guarantees the right to have a gun, it doesn’t guarantee the right to have a gun that is untraceable, she stated.
Chief Justice John Roberts, often considered a swing vote, also expressed concerns about the implications of striking down the ATFrule. If we were to hold that the government can’t regulate these kits, what would be left? he asked.
The gun rights groups argue that the ATF rule infringes on their Second Amendment rights and that the government lacks the authority to regulate these kits. They claim that the unfinished parts are not firearms under federal law and that the rule unfairly burdens law-abiding gun owners.
However, the justices seemed unconvinced by these arguments. Justice Sonia Sotomayor, another liberal justice, pointed out that ghost guns are frequently used in crimes and that the ATF rule is a reasonable measure to address this issue.These guns are used in violent crimes, and they’re difficult to trace, she said. The government has a legitimate interest in regulating them.
The Supreme Court’s decision in NRA v. ATF is expected to have significant implications for gun control policy. A ruling in favor of the ATF rulewould be a major victory for gun control advocates, providing a legal framework for regulating ghost guns and potentially paving the way for stricter gun control measures in the future.
References:
- Associated Press. (2023, October 24). Supreme Court seems open to upholding regulations on ghost guns. AP News. Retrieved from https://apnews.com/article/supreme-court-ghost-guns-regulations-biden-administration-gun-control-761e8a342378e567236070d2a6031641
- Supreme Courtof the United States. (2023). NRA v. ATF. Retrieved from https://www.supremecourt.gov/cases/docket/2023/22-1523
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