Supreme Court Temporarily Blocks Regulation of “Ghost Guns”

Justice Alito allows gun advocates a week to respond to the administration.

Supreme Court Justice Samuel Alito issued a pause on the ruling of a case about the legality of “ghost guns,” in response to a request made by President Biden’s administration. 

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a rule last year restricting the sale of ghost guns, the colloquial term for firearms sold as do-it-yourself build kits. These firearms rarely have serial numbers, making it difficult for manufacturers and law enforcement to trace them if used in crimes. 

This rule resulted in several lawsuits calling for the rule’s removal. The most significant case passed through a Texas-based court last month, which ruled that the extent of the rule exceeded the ATF’s authority, striking it down nationwide. The ATF appealed this decision to the 5th District Court, where it is still being processed. 

The Department of Justice requested an emergency stay on court proceedings as a whole, requesting clarification on the federal definitions of “firearm” and “frame or receiver.” The department stated that it does not make sense to treat disassembled guns differently from assembled ones.

Justice Alito, who has jurisdiction over the 5th Circuit Court of Appeals, paused all proceedings in this case for one week to allow gun rights advocates time to respond to the department’s request.

As the Lord Leads, Pray with Us…

  • For wisdom for the Supreme Court justices as they consider requests on cases in various circuit court trials.
  • For the judges in the 5th Circuit Court of Appeals as they hear the case on ghost gun restrictions.
  • For discernment for attorneys in the Justice Department as they argue cases in the federal judiciary.

Sources: Reuters, The Hill


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