Posted on 08/08/2023 10:49:16 AM PDT by thegagline
The Supreme Court revived the Biden administration’s restrictions on so-called ghost guns in a 5-4 emergency ruling Tuesday.
The justices agreed to pause a lower court’s decision, which invalidated the regulation nationwide, as the administration continues its appeal.
The decision hands a victory to Biden, at least for now. Biden last year announced the crackdown on ghost guns, referring to firearms that are sold as do-it-yourself kits and are generally hard to trace.
The case will now proceed in a lower appeals court, which is slated to hear oral arguments next month. The matter could ultimately return to the Supreme Court.
Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberals in temporarily reviving the restrictions. Conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh dissented.
***
At issue is how the ATF places restrictions on ghost guns by expanding its interpretation of two provisions of a long-standing federal gun law. The first clarifies that the federal definition of a “firearm” includes certain parts kits, and the second defines “frame or receiver” to include disassembled parts that can be readily converted into a functional gun.
By expanding the definitions, the regulation stretches federal serial number, record-keeping and background-check requirements to ghost guns. But the federal judge in Texas ruled the ATF’s interpretation exceeded the law’s scope. ***
Allowing the judge’s ruling “to take effect would let tens of thousands of untraceable ghost guns flow into our Nation’s communities — with many going to felons, minors, or those intending to use them in crimes,” the Justice Department wrote in court filings.
***
(Excerpt) Read more at msn.com ...
But, she has a vagina, and she’s RCC. And she didn’t even need to take notes on her notepad! Don’t you get it? /s
Something in the Constitution does say "shall not be infringed"
I can think of reasons why a firearms manufacturer might voluntarily apply model and serial numbers to their products. And they're free to do so. I see no authority for fed.gov to require it ... indeed fed.gov seems to be prohibited from requiring it.
Welcome to the Soviet state of US.
That is very misleading. That is not crimes solved by tracing. That is “we recovered this stolen pistol, and got it back to it’s rightful owner”.
Or “this guy committed suicide, trace his gun so we can know what store he bought it at 5 years ago”.
Or “this guy murdered someone and we found a gun in his sock drawer. Trace it... and find out he bought it legally at the Bass Pro, OR, he stole it”.
They “trace” a lot of guns, but it’s just an administrative game and does not solve crimes. It is nearly unheard of to solve a crime with a trace. It’s a stupid east coast idea from 1950s movies and TV shows.
Take the Sandy Hook shooter. They traced his guns. His mom bought and owned them legally. He gets up at midnight, kills her and takes her guns. So what exactly did that vaunted “trace” solve?
Yeah, black gangs use them. And they refuse to execute and lock them up when caught. So to fix it, some guy tinkering in Nebraska in his shop cannot make his own anymore?
Nope... no thanks.
This is misleading? Wow! I thought it explicitly answered a very simple and specific question:
How many guns are actually traced every year?
In 2022, 623,000.
Once again, appointing women to the SCOTUS bites us in the ass...
Rino Roberts just SUCKS.
The case is on the docket for the appeals court, and regardless of this ruling it will hear arguments next month -- well, it's supposed to be next month. I won't be surprised if the federal government now tries to delay so that they can get their way for as long as they can postpone progress of the case to its eventual hearing before the Supreme Court.
The request [for a stay] was supported by March for Our Lives, Everytown for Gun Safety Action Fund and the Brady Center to Prevent Gun Violence. The attorney general for Washington, D.C., joined by 20 Democratic state attorneys general, also filed an amicus brief backing the Biden administration.
Even if I knew nothing else of the case, seeing this list of people FOR lifting the stay ensures that I want to be AGAINST it.
Why did I edit that? I meant to write, "list of people FOR the stay," which is what I typed originally. Anyways . . . .
No reason to out more of their assets than needed.
And we all know that criminals follow the law to the letter. From the beginnings of the country and before, it has been entirely legal for a private citizen to make his or her own firearms. The precedence was set centuries ago and is entirely within the law.
+1000.
Show me where this happened before the Biden EO.
What’s next. You have to register your 3D printer with the ATF?
Perhaps it does make it a bit easier for someone to get a gun illegally, but for them it is just one more law they will need to break & some lib DA or Judge is probably not going to give them a stiffer sentence for violating.
I think you are kidding yourself. If those two had any intention of smacking this down they didn’t have to do anything. It was already done.
PHONY-BARRET ACTING TRUE TO FORM.
Why are you against the suit going through the process? They will probably shoot it down when it gets back to the Supreme Court. She’s been a magnificent choice. You just miss RBG for some reason.
” “to take effect would let tens of thousands of untraceable ghost guns flow into our Nation’s communities — with many going to felons, minors, or those intending to use them in crimes,” the Justice Department wrote in court filings””.
Like that’s not been happening all along, surprise!
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