‘Ghost Gun’ Regulations Revived Temporarily by Supreme Court

July 28, 2023, 8:49 PM UTC

The US Supreme Court allowed the Biden administration to continue to regulate so-called ghost guns, undoing a lower court ruling for the moment that prohibited enforcement nationwide.

Justice Samuel Alito’s order on Friday allows rules imposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to remain in force while the justices consider a challenge to them brought by manufacturers, distributors, and others.

Alito requested a response from challengers by Aug. 2. A further order is expected.

The Biden administration asked the Supreme Court to intervene after the US Court of Appeals for the Fifth Circuit largely declined to rein in a Texas district judge’s order that halted the regulation nationwide.

The administration said the district court order would reopen “the floodgates to the tide of untraceable ghost guns” in the US, if allowed to stand.

“Once those guns are sold, the damage is done,” the administration said.

Ghost guns are labeled as such because they can be purchased from do-it-yourself kits that can be bought at stores or online, most often lacking serial numbers that make it difficult to trace owners.

The case is Garland v. Vanderstok, U.S., No. 23A72.


To contact the reporter on this story: Kimberly Strawbridge Robinson in Washington at krobinson@bloomberglaw.com

To contact the editors responsible for this story: Seth Stern at sstern@bloomberglaw.com; John Crawley at jcrawley@bloomberglaw.com

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