Supreme Court Leans Toward Supporting Biden’s Ghost Gun Regulation

 October 9, 2024

The nation's highest court engaged in an unusual discussion involving omelets and IKEA furniture during a crucial hearing.

As reported by Politico, the Supreme Court heard arguments about the Biden administration's authority to regulate gun kits that can be turned into untraceable firearms, often called ghost guns.

During the oral arguments, justices used everyday examples to explore the boundaries of what constitutes a firearm under federal law.

Justice Samuel Alito posed questions about grocery lists and western omelets, while Justice Amy Coney Barrett referenced meal kit deliveries. These analogies aimed to clarify when a collection of parts becomes subject to firearm regulations.

Solicitor General Elizabeth Prelogar defended the administration's rule, arguing that gun kits have no purpose other than creating firearms. She distinguished these from Alito's examples, stating that ingredients for omelets could potentially be used for other dishes.

Justices Grapple With Definition Of Firearms

The core issue before the court is determining at what point a collection of gun parts becomes subject to federal regulations. This includes requirements for background checks and serial numbers to aid in crime tracing.

Chief Justice John Roberts expressed skepticism towards the argument that assembling these kits provides hobbyists with satisfaction similar to working on cars. He noted that many kits require minimal effort to become functional firearms.

Conservative Justice Neil Gorsuch appeared to struggle with his position, potentially indicating a willingness to accept some aspects of the regulation. Meanwhile, Justice Brett Kavanaugh raised concerns about potential criminal prosecution of individuals who might not realize their gun parts were subject to regulation.

Conservatives And Liberals Split On Regulation

The ghost gun rule has already faced legal challenges, with lower courts initially blocking its implementation. However, last year, two conservative justices - Barrett and Roberts - joined the three liberal justices in allowing the rule to take effect pending further review.

This alignment suggests that the rule may survive the current challenge. The liberal justices seemed supportive of the regulation's legality during the arguments. Their stance, combined with potential support from Barrett and Roberts, could form a majority in favor of upholding the rule.

Alito continued to express reservations about the clarity of the government's definitions, particularly regarding when a parts kit could be "readily" converted into a weapon. He humorously referenced the common struggle of assembling furniture, to which Prelogar related, mentioning difficulties with IKEA products.

Broader Implications For Gun Regulation

The case comes in the wake of a recent Supreme Court decision that rejected a Trump-era ban on bump stocks. That ruling, which split along ideological lines, found that the regulation exceeded congressional authority.

It's important to note that the current case focuses solely on interpreting existing law and whether the Bureau of Alcohol, Tobacco, Firearms and Explosives overstepped its authority with the ghost gun regulation. The arguments did not address potential infringements on Second Amendment rights.

Conclusion

The Supreme Court heard arguments on the Biden administration's ghost gun rule, with justices using everyday analogies to explore the definition of a firearm. The case hinges on whether the government has the authority to regulate gun kits as firearms. While conservative and liberal justices seemed split on the issue, the rule may survive the challenge based on previous alignments. The outcome could have significant implications for firearm regulation in the United States.

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