Supreme Court Reinstates Federal Regulation of Ghost Guns

The court on Tuesday voted 5-4 to put on hold a ruling from a federal judge in Texas that invalidated the Biden administration's regulation of ghost gun kits. The regulation will be in effect while the administration appeals the ruling to the 5th U.S. Circuit Court of Appeals in New Orleans - and potentially the Supreme Court.

Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas would have kept the regulation on hold during the appeals process. The Justice Department had told the court that local law enforcement agencies seized more than 19,000 ghost guns at crime scenes in 2021, a more than tenfold increase in just five years.

"The public-safety interests in reversing the flow of ghost guns to dangerous and otherwise prohibited persons easily outweighs the minor costs that respondents will incur," Solicitor General Elizabeth Prelogar, the administration's top Supreme Court lawyer, wrote in a court filing.

Lawyers for individuals, businesses and advocacy groups challenging the rule told the Supreme Court that O'Connor was right and that the ATF had departed from more than 50 years of regulatory practice in expanding the definition of a firearm.

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