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The Right Scoop
8 Aug 2023


NextImg:SCOTUS rules in weird 5-4 majority to allow Biden ghost gun rule to continue

The Supreme Court ruled today in an odd 5-4 majority to allow Biden’s ghost gun rule to be implemented. A lower court in Texas had blocked the rule.

Justices Amy Coney Barrett and John Roberts joined the three liberal justices on the court to get the majority:

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Here’s more from the NY Post:

The US government can once again regulate so-called “ghost gun” kits after the Supreme Court froze a lower court’s ruling that found the feds could not define the kits as firearms for improved federal tracking.

The Court issued a stay on the June order by Judge Reed O’Connor of the US District Court for the Northern District of Texas.

The 5-4 decision came with conservative Chief Justice John Roberts and Justice Amy Coney Barrett siding with their three liberal colleagues.

The stay comes after the US challenged O’Conner’s decision in the federal Court of Appeals, which declined the initial motion to freeze the lower court’s decision.

The Justice Department then sent its emergency filing for the Supreme Court to intervene, leading to Tuesday’s decision.

The O’Conner ruling found that the Biden administration overreached with its 2022 update to a regulation from the Bureau of Alcohol Tobacco, Firearms and Explosives.

The update was meant to close loopholes that allowed the sale of ghost gun kits to go unregulated, unlike registered firearms.

The kits include packaged gun parts that can be assembled into a firearm once delivered to someone’s home.

The ATF update did not ban the sales of ghost guns but rather requires the imposition of the established firearm sales conditions on the kits.

The Supreme Court’s stay will remain in effect until the legal process in the appellate courts has concluded, according to the brief.

The fact that the other four conservative justices would have denied the application speaks volumes about the lower court’s decision, as well as the appellate court’s decision to keep the new regulation blocked.

With Barrett and Roberts siding with the libs, it seems that Biden’s going to win this.