The US Supreme Court has again stepped in to allow the Biden administration to continue to regulate so-called ghost guns, temporarily undoing lower court orders the government says “subvert” the high court’s authority.
A previous high court order on Aug. 8 let the administration’s rules on ghost guns remain in effect while the legal fight plays out. Manufacturers, distributors, and others argue the administration overstepped its authority in regulating the build-at-home gun.
After that order, two of the manufacturers again sought an injunction preventing the government from enforcing the restrictions. A federal district court in Texas granted that request, and the US Court of Appeals for the Fifth Circuit refused to undo the ruling.
“This is the rare application where this Court has already applied the relevant legal standard in the very same case and determined the government should obtain emergency relief,” the government said in its request. “The Court should not tolerate such circumvention of its orders.”
Justice Samuel Alito, who handles emergency requests from the Fifth Circuit, issued a temporary order on Friday, and requested a response from challengers by Oct. 11. A further order is expected.
Ghost guns can be purchased from do-it-yourself kits that can be bought at stores or online, often lacking serial numbers that make it difficult to trace owners.
The case is Garland v. Blackhawk Manufacturing Group, U.S., No. 23A302.
To contact the reporter on this story:
To contact the editors responsible for this story:
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.