These products are widely available in stores or online and allow a hobbyist to produce a working firearm. This may be done without a background check or serial numbers imprinted on the finished product.
The Firearms Policy Coalition is at the forefront of the legal challenge to the “ghost gun” rule. President Brandon Combs said the gun rights advocates are “delighted that the Supreme Court will hear our case and decide this important issue once and for all.”
The case is Vanderstok v. Garland, and the Fifth Circuit Court of Appeals in October determined the rule to be “contrary to law.” The Biden administration appealed that decision and now the high court will determine whether it remains in force.
The ATF two years ago redefined a firearm frame or receiver as related to government regulations. The unilateral decision meant Washington bureaucrats now have the power to decide when the materials that go into producing a weapon become the weapon itself.
This in turn gave the ATF the sweeping power to target manufacturers of unfinished parts. This included the popular “80 percent” kits enthusiasts use to construct sporting rifles or pistol frames.
If allowed to stand, the federal rule means manufacturers of these products must secure a federal firearms license (FFL) and imprint serial numbers onto them.
Further, a retailer selling these hobby kits now must obtain an FFL and conduct a federal background check on purchasers.
The case, as many do, took a winding road to reach the Supreme Court. An immediate challenge was struck down by U.S. District Judge Peter D. Welte, who determined the rule did not constitute a ban on unfinished frames or receivers and was thus legal.
That victory for gun control advocates was short-lived, however, as U.S. District Judge Reed O’Connor soon granted a preliminary injunction against the final rule. His decision was based on the question of whether the Department of Justice (DOJ) possessed the authority to enact changes to the definition of a firearm.
In short, O’Connor determined the ATF altered the definition to one that did not align with federal law — an act it had no power to carry out.
From there the government asked the Fifth Circuit for a stay of O’Connor’s decision, but that was not granted.
The DOJ argued that the rule complied with the Gun Control Act of 1968. Government lawyers noted the statute defined a “firearm” as including “any weapon…which will or is designed to or may readily be converted to expel a projectile by the act of an explosive.”
It added that the definition included “the frame or receiver of any such weapons.”
The high court was then asked to grant a stay on O’Connor’s decision, and that was granted. This meant the previous order to vacate the ATF rule was nullified and the policy could remain in effect while the case was adjudicated.
From there the battle reverted to O’Connor, who issued a new injunction prohibiting enforcement of the controversial rule on individuals who own these unfinished firearm parts.
The Fifth Circuit concurred with the judge but narrowed the injunction to only benefit two manufacturers of these so-called “ghost guns” — Defense Distributed and 80 Percent Arms.
The Supreme Court now has two Second Amendment-related cases on the docket. In February the nine justices heard oral arguments challenging the legal validity of the federal bump stock ban.
This was imposed during the Trump administration and continued under the Biden White House.
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