The U.S. Supreme Court approved President Joe Biden’s administration’s plea on Tuesday to temporarily reinstate a federal regulation aimed at reining in privately manufactured handguns known as “ghost guns” that are difficult for law enforcement to identify.
The court overturned a ruling made on July 5 by U.S. District Judge Reed O’Connor in Fort Worth, Texas, which left national restrictions on the 2022 rule in place while the administration appealed.
The court’s three liberal justices joined Chief Justice John Roberts and fellow conservative Justice Amy Coney Barrett in granting the administration’s request, which resulted in a 5-4 ruling. The verdict was disagreed with by conservative justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) adopted the regulation to combat the fast spread of homemade weapons. It prohibits “buy build shoot” kits that anyone can purchase online or in stores without a background check.
The ruling expanded the definition of a weapon to include components and kits that could easily be converted into guns, making it clear that ghost guns are considered “firearms” under the Gun Control Act. Manufacturers and dealers had to be licensed, and serial numbers were necessary. Prior to a transaction, sellers are required by the rule to perform background checks on potential buyers.