On Monday, the Supreme Court vacated an order from a lower court, allowing the Biden administration’s new regulations on ghost guns to take effect.
A Texas-based judge ruled against President Joe Biden’s new rules on ghost guns, privately made firearms without serial numbers. However, a request to vacate the order was filed to Justice Samuel Alito and referred to the full court, which ruled in favor of vacating the order.
Alito issued an order on October 6, giving ghost gun manufacturers Blackhawk Manufacturing Group and Defense Distributed until Wednesday to provide a better reason as to why they should not have their firearms regulated the same way as other gun manufacturers.
The stay was set to expire on Monday at 5 p.m.
The order came after the Justice Department accused lower courts of violating the Supreme Court decision in August, which allowed the ATF to enforce the new rules while the issue was still pending in lawsuits.
“In doing so, the lower courts openly relied on arguments that this court had necessarily rejected,” Solicitor General Elizabeth Prelogar wrote in a Supreme Court filing. No dissent was noted on Monday, but in the August decision, the court was split 5-4, allowing the rules to go ahead.
The new rule, put out by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), clarified that ghost guns fit within the definition of “firearm” under federal law, meaning the government has the power to regulate them the same way it regulates firearms manufactured and sold through the traditional process.
This requires that creators or sellers of ghost gun kits obtain a special license, mark products with traceable serial numbers, conduct background checks and maintain records.
Several pro-gun advocates and manufacturers protested the rule, saying, “the reclassification of parts kits as firearms is unconstitutional.”
Scroll down to leave a comment and share your thoughts.