SCOTUS temporarily restores Biden’s ‘Ghost Gun’ rule.
The Supreme Court Allows Biden Administration’s Rule on “Ghost Guns” to Remain in Force
The Supreme Court, in an emergency application filed by U.S. Attorney General Merrick Garland, has stayed a lower court order blocking the Biden administration’s rule on so-called ghost guns. This rule, which regulates homemade firearms without serial numbers, will remain in force until October 16.
Justice Samuel Alito issued the new order on October 6, known as Garland v. Blackhawk Manufacturing Group Inc., granting the administration’s request. The lower court order is now temporarily stayed until October 16.
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The term “ghost gun” refers to homemade firearms without serial numbers, making them untraceable by law enforcement. Gun control advocates have been pushing for federal regulations on homemade guns, but Congress has not taken action.
President Joe Biden has claimed that privately made guns, often assembled from gun kits, are frequently used by criminals.
The government’s rule, implemented in April 2022, requires individuals who assemble homemade firearms to add serial numbers. It also mandates background checks for consumers purchasing gun-assembly kits.
‘Unlawful Agency Action’
In July, U.S. Judge Reed O’Connor issued an injunction, ruling that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded its jurisdiction in regulating partially manufactured firearm components. The 5th Circuit denied the government’s request to stay the order, but the Supreme Court allowed the rule to remain in place while an appeal proceeded.
Four conservative justices dissented, while Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberals in voting to keep the rule temporarily. The Supreme Court may still review the case in the future.
On September 14, Judge O’Connor narrowed his injunction to cover two companies involved in the litigation and their customers. The DOJ argued against this, and on October 2, the 5th Circuit ruled that the injunction was too broad.
The new Supreme Court order blocks Judge O’Connor’s September 14 injunction, and the gun part manufacturers have until October 11 to file briefs before the court acts on or before October 16.
The Epoch Times has reached out to the DOJ and counsel for the gun part companies for comment.
What are the arguments of both supporters and opponents of the Biden administration’s rule on ghost guns, regarding its impact on individual rights and public safety
The Biden administration’s rule on “ghost guns” will remain in force after the Supreme Court granted an emergency application filed by U.S. Attorney General Merrick Garland. This rule, which pertains to homemade firearms without serial numbers, has been a contentious issue in recent months.
In the case Garland v. Blackhawk Manufacturing Group Inc., Justice Samuel Alito issued an order on October 6, temporarily staying a lower court order that had blocked the administration’s rule. This means that the rule will continue to be enforced until October 16.
The term “ghost guns” refers to firearms that are built at home and lack serial numbers, making them difficult to trace. Supporters of the Biden administration’s rule argue that it is necessary to regulate these weapons and prevent them from falling into the wrong hands. However, opponents claim that the rule infringes on the rights of law-abiding citizens to build and possess firearms.
The emergency application to the Supreme Court followed a series of legal challenges faced by the administration regarding the ghost gun rule. This issue has been the subject of ongoing debate and litigation, highlighting the complex balancing act between public safety and individual rights.
While the Supreme Court’s decision to allow the rule to remain in force is significant, it is important to note that it is a temporary measure. The ultimate fate of the rule and its potential impact on the right to bear arms will likely be determined in future legal proceedings.
In conclusion, the Supreme Court has allowed the Biden administration’s rule on ghost guns to remain in force, granting an emergency application filed by U.S. Attorney General Merrick Garland. This rule, aimed at regulating homemade firearms without serial numbers, will continue to be enforced until October 16. The ongoing legal battle surrounding the rule underscores the complex nature of balancing public safety concerns with individual rights.
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