Supreme Court Rules 5-4 To Revive Biden's Ghost Gun Ban As Legal Battle Intensifies

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by Tyler Durden
Tuesday, Aug 08, 2023 - 05:35 PM

After US Solicitor General Elizabeth Prelogar filed an emergency application on July 27 with the Supreme Court, requesting to block a ruling invalidating federal ghost gun regulations nationwide in the lower courts, the high court granted the administration's request in a 5-4 decision. 

The justices agreed to pause the US Court of Appeals for the Fifth Circuit's decision last month that allowed Defense Distributed, Blackhawk Manufacturing Group (incorporated, doing business as 80 Percent Arms), Second Amendment Foundation (incorporated; Not An LLC, doing business as JSD Supply), and Polymer80 to sell build-at-home "ghost guns" while the legal fight ensues. 

Chief Justice John Roberts and Justice Amy Coney Barrett sided with the court's three liberal members to temporarily reinstate the ban on companies selling ghost guns. On the other hand, Conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh opposed. As commonly seen with emergency requests, the court provided no explanation.

The new regulation around ghost guns enforced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has been challenged by gun rights advocacy groups. In June, a Texas federal judge determined that the ghost gun regulation went beyond the ATF's power and nullified it. Then in late July, the Fifth Circuit allowed gun manufacturers to sell ghost gun kits. 

The primary issue revolves around whether gun kits can be categorized as "firearms" under the 1968 law that sets standards for dealers. The Biden administration alleges these 80% lower kits, such as one sold by Polymer80, are firearms because they can be "readily converted" into functional weapons. 

Democrats believe banning ghost guns would stop the proliferation of violent crime across major cities... but they never question if their own progressive policies that fail to enforce law and order are responsible for the uptick in violence. 

Some Democrats secretly have admitted that gun control doesn't work. St. Louis Mayor Tishaura Jones told her father in a recent text message (only revealed after an open records request): "Chicago has strict gun laws as well, but that doesn't deter gun violence."

Banning ghost guns might only lead to a monopoly over the industry for companies selling 3D printers and CNC machines to manufacture 0% firearms

Here's what next, as The Hill noted, "The case will now proceed in a lower appeals court, which is slated to hear oral arguments next month. The matter could ultimately return to the Supreme Court."