Supreme Court allows Biden 'ghost gun' rule to stand

 August 9, 2023

The Supreme Court declined to block the Biden administration’s crackdown on so-called ghost guns, allowing the regulation to stay in effect while litigation is pending.

The court split 5-4, with Amy Coney Barrett and John Roberts siding with the court’s liberal wing.

"Ghost gun" is a term gun control alarmists came up with to describe privately made firearms. Biden is targeting "ghost guns" by treating gun components as if they were functional firearms.

That means anyone who buys a "ghost gun" kit must go through a background check, and parts must come with serial numbers.

'Ghost gun' ruling

Except Biden isn't going through Congress. That would be - you know - the Constitutional way to do it. Instead, Biden enacted a new Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) rule that arbitrarily changes the meaning of "firearm" in federal law.

A federal judge smacked down Biden's overreach in July, pointing out that Biden's definition of "firearm" stretched the ordinary - and statutory - meaning of the term.

Congress included “frames and receivers” in its definition of a firearm in the Gun Control Act of 1968, U.S. District Judge Reed O’Connor said. But frames and receivers are the only gun parts Congress authorized the government to regulate.

Biden's rule redefines "frames and receivers" to encompass non-functional components that have the potential to become gun parts, O'Connor said.

"A part that has yet to be completed or converted to function as frame or receiver is not a frame or receiver. ATF’s declaration that a component is a 'frame or receiver' does not make it so if, at the time of evaluation, the component does not yet accord with the ordinary public meaning of those terms," O'Connor said.

Libs win....for now

Biden appealed O'Connor's ruling to the Fifth Circuit, but the court declined to reverse it.

The Supreme Court’s ruling is not a final decision, but it allows Biden’s scheme to go forward for now.

The White House - posturing as tough on crime - said the ruling would "keep in place important efforts to combat the surge of unserialized, privately-made 'ghost guns' which have proliferated in crime scenes across the country."

Of course, this really isn't about crime, but controlling law-abiding citizens.

It’s likely just a matter of time before this case comes back to the Supreme Court for a ruling on the merits - and at that point, Biden is likely out of luck.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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