Supreme Court Voids Lower Court Rulings on Ghost Guns

( — On Monday, the US Supreme Court ordered two online retailers who sell gun parts to comply with the Biden administration’s “ghost gun” regulation, CBS News reported.

The Court had previously ruled to keep the regulation in place after it had been invalidated by a lower court while the Biden administration appealed the ruling.

In its August 5-4 ruling, Chief Justice Roberts and conservative Justice Amy Coney Barrett joined the three liberal justices to invalidate the lower court’s ruling while conservative Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas sided against the administration’s request to revive the regulation.

In Monday’s unsigned order, no justice publicly dissented.

The order followed a ruling from a Texas judge exempting the two online gun parts sellers Blackhawk Manufacturing Group and Defense Distributed from abiding by the administration’s regulation on ghost gun kits.

Solicitor General Elizabeth Prelogar told the Supreme Court in a filing that other gun parts makers were also seeking similar court orders for exemption.

She wrote that unless the Court provides relief, “untraceable ghost guns will remain widely available to anyone” with a credit card and a computer, without undergoing a background check.

The Biden administration’s regulation revised the definition of a firearm in federal law to include unfinished parts so that they can be more easily tracked. Under the new rule, gun parts must be licensed and include serial numbers and manufacturers must run the same background checks on the parts that they would on a firearm.

The new rule applies to all gun parts regardless of how a firearm is made, whether from individual parts, gun kits, or 3-D printers.

The regulation will remain in effect while the Biden administration appeals the Texas judge’s ruling to the 5th Circuit Court of Appeals.

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