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Kaelan Deese, Supreme Court Reporter


NextImg:Supreme Court vacates federal court order against Biden's ghost gun rule

The Supreme Court on Monday vacated a lower court order and allowed the Biden administration's ghost gun regulations to take effect.

The request was initially filed to Justice Samuel Alito and referred to the full court, according to an order on Monday vacating a Texas-based federal judge's ruling against President Joe Biden's ghost gun rules.

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Associate Justice Samuel Alito Jr., nominated by President George W. Bush, sits with fellow Supreme Court justices for a group portrait at the Supreme Court Building in Washington, Friday, Nov. 30, 2018.

On Oct. 6, Alito overruled the judge's decision against such rules. He issued an order giving ghost gun manufacturers until Oct. 11 to provide a better reason as to why they should not have their guns regulated the same way as anyone else.

The Bureau of Alcohol, Tobacco, Firearms and Explosives rule requires creators or sellers of the kits to obtain a special license, mark products with traceable serial numbers, and conduct background checks while maintaining records. The rule attracted criticism from several pro-gun advocates and manufacturers who say the reclassification of parts kits as firearms is unconstitutional.

Gun rights groups such as the Second Amendment Foundation Inc., Polymer80 Inc. and Not An LLC, sued to block the rule days after it took effect in August 2022. Such groups argued they would be driven out of business by the ATF rule if it was enforced against them.

The stay Alito imposed on Oct. 6 was slated to expire on Oct. 16 by 5 p.m.

Alito issued the order after the Justice Department accused lower courts of violating the Supreme Court decision in August that allowed the ATF to enforce the new ghost gun rules while the issue was pending in lawsuits.

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“In doing so, the lower courts openly relied on arguments that this court had necessarily rejected,” U.S. Solicitor General Prelogar wrote in a Supreme Court filing.

While no dissent was noted on Monday, the court split 5-4 in August, allowing the rules to go ahead.