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On Tuesday, the Supreme Court temporarily reinstated the Biden administration’s ban on “ghost guns” online-purchased kits that can be put together to create untraceable handmade firearms.
When the justices rule on emergency applications, the court’s brief order frequently lacks justification. The order was temporary, keeping the law in effect while a legal challenge was being pursued.
The court’s three liberal justices , Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson joined Chief Justice John Roberts and Justice Amy Coney Barrett to create a majority on the matter, which was decided 5-4.
The dissents were cited by Justices Brett Kavanaugh, Neil Gorsuch, Samuel Alito, and Clarence Thomas. They did not provide an explanation for their decision, just like the justices who voted in favor of it.
The Gun Control Act of 1968’s definition of a firearm was expanded by the regulation, which was published in 2022 by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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Supreme Court Petition Challenges ‘Ghost Guns’ Terminology
The modification was required, according to Solicitor General Elizabeth Prelogar, in the Biden administration’s emergency application, to address the pressing threat that untraceable firearms pose to both public safety and law enforcement.
A weapon components kit is not a firearm, and something that may be made into or converted into a functional receiver is not itself a receiver, according to Judge Reed O’Connor of the US District Court for the Northern District of Texas, who concurred with the challengers and overturned the law in July.
Key portions of O’Connor’s decision were not suspended by a three-judge panel of the 5th US Circuit Court of Appeals in New Orleans.
Prelogar requested the justices to take an analogy into consideration in the government’s emergency motion. One group of challengers said in a Supreme Court petition that the comparison was unreliable.
The brief also objected to the term “ghost guns,” calling it propaganda that has no legal precedent and encompasses both legitimately produced firearms by private parties and those whose serial numbers have been forcibly erased.
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Source: www.newsbreak.com
