Supreme Court Intervenes in Legal Battle Over Biden Administration’s Restrictions on “Ghost Guns

The Supreme Court on Friday intervened in a legal battle over the Biden administration’s restrictions on so-called “ghost guns,” temporarily reviving a regulation from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Justice Samuel Alito granted the administration’s request to pause a lower court order that invalidated the rule.

The regulation, which was issued in December 2020, requires that anyone who manufactures or assembles a firearm for personal use must first obtain a serial number from the ATF. It also requires that the firearms be marked with the serial number and be subject to a background check before they can be sold or transferred.

The rule was challenged in court by a group of gun owners, manufacturers and firearms advocacy organizations. In April, a federal district court in Texas tossed out the rule, finding that the ATF had overstepped its authority. The Biden administration then sought emergency relief from the Supreme Court, asking the high court to put on hold the lower court’s ruling while it appeals the decision.

Justice Alito granted the request, giving the group of gun owners, manufacturers and firearms advocacy organizations challenging the rule until Wednesday at 5 p.m. to respond to the administration’s request to reinstate the regulation. The action effectively freezes the litigation as the court weighs the administration’s request.

The Supreme Court’s decision is a temporary victory for the Biden administration, which has sought to tighten regulations on firearms. The court’s decision will remain in effect until the justices decide whether to hear the case, or until the lower court’s ruling is overturned.