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 ...
If they can trace it, they can find it and take it away.
No surprise Barret and Roberts voted to take rights away. I am surprised Kav didn’t join the tyrants.
WTF!!
The court has no business restoring an EXECUTIVE decision that restricts constitutional rights! Because they feel scared for the safety of the people while simultaneously looking the other way about BLM and AntiFa and the J6 political prisoners.
This is BS!
It was going to proceed anyway. What reasoning would USSC provide to set aside the stay order?
No surprise Barret and Roberts voted to take rights away“
Right because guns scare women.
:: they feel scared for the safety of the people ::
Well, no.
Not for the safety of the people but for the safety of themselves.
Wow. Psychic. They know where the guns (not even assembled yet) will go? Amazing.
Nobody voted in favor of Biden’s restrictions. Biden’s restrictions were not before the Court.
The vote was in favor of letting the case go through the normal appeals process. When the case gets to the Supreme Court, Biden’s restrictions could very well be slapped down (or Biden’s restrictions could be rejected by an Appeals Court before the case ever gets to the Supreme Court).
Banana Republic!!!!!!!!!!!
Barret was a terrible pick.
That needs to be reiterated. This is just SCOTUS letting things proceed through regular channels first. They haven’t really “ruled” on anything yet.
I am a 2A stalwart. But, as a criminal defense attorney north of Baltimore, I see these ghost guns popping up everywhere. The Amish drug dealers, gang members, etc. Just an observation. Per usual, the Amish ruin it for everybody.
First I heard of this. Unfortunate. Hopefully just a temporary setback.
Barrett is a much better pick than 90% of Republican picks over the past few decades, but I’m concerned she will be soft when it comes to guns. Better than O’Connor and Kennedy were on the matter, but not an Alito or Gorsuch.
I see a LOT of issues here.
AFAIK. it has ALWAYS been legal for an individual to make their own guns.
This opens the door to elimiating that.
Also. I forsee the comeback of the Auto shop/ basement muffler pipe Sten making a massive come back.
Yeah, other than some of the crazy school shooters, it’s the Amish that really mess up the gun stats in a lot of categories. Not a reason to trash the 2A, but it’s unfortunate.
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Even the Supreme Court realizes that for this former Constitutional Republic to succumb completely to a top down
dictatorship, they must get rid of both the 300-400 million guns in the hands of We the People and the Second Amendment.
I think it is coming. Sooner than lather.
Once the left & the Deep state control all both houses and the executive again, I fully expect a new Amendment to the Constitution of the United States, that will repeal the 2nd.
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