The Biden administration’s crackdown on the sale of do-it-yourself “ghost gun” kits was met with legal resistance, and the Supreme Court has decided to decide the matter.
The Supreme Court stated on Monday that it will review a rule that Attorney General Merrick Garland proposed in 2022 to classify such kits as firearms, prohibiting their sale without background checks and the subsequent creation of weapons that cannot be tracked.
Because the ATF seems to have gone beyond its legislative jurisdiction in attempting to limit the distribution of “ghost guns,” the 5th Circuit Court of Appeals in New Orleans affirmed a lower court’s injunction against the regulation.
The law was allowed to be implemented by the Biden administration while legal challenges were ongoing in August of last year, when the Supreme Court voted 5-4 to do so. The federal government’s plea to proceed with the regulation was granted by the court, along with the three liberal justices, Chief Justice John Roberts and Justice Amy Coney Barrett.
The most recent move by the high court was anticipated, given the authority to grant review in a case rests with the four justices who dissented on last year’s emergency stay motion. In most cases, the court will not reveal which justices voted to consider a case.
It is anticipated that the ghost gun case will be scheduled for debate in the fall, with a probable ruling following the November presidential election.
