U.S. Supreme Court considers Biden administration regulation of ‘ghost guns’

WASHINGTON — U.S. Supreme Court justices Tuesday grappled with whether the Biden administration exceeded its authority when it set regulations for kits that can be assembled into untraceable firearms, and a majority of justices seemed somewhat skeptical the rule was an overreach. Solicitor General Elizabeth Prelogar told the justices that there has been an “explosion in crimes” with untraceable guns across the U.S. She added that the federal government has for years required gun manufacturers and sellers to mark firearms with a serial number. She said with the kits to make untraceable homemade guns in as little as 15 minutes, those manufacturers “have tried to circumvent those requirements.” Prelogar said untraceable guns “are attractive to people who can’t lawfully purchase them or who plan to use them in crime.” Because the ATF saw a spike in crimes committed with those firearms, Prelogar said it promulgated the 2022 rule. The regulation also clarified those kits are considered covered by the 1968 Gun Control Act under the definition of a “firearm.” The Biden administration is advocating for the Supreme Court to reverse a lower court’s decision that favored gun rights groups and owners that argued the agency exceeded its authority. “The key difference here is that these weapon parts kits are designed and intended to be used as instruments of combat, and they have no other conceivable use.” Barrett asked if her answer would change if “you ordered it from HelloFresh and you got a kit and it was like turkey chili, but all of the ingredients are in the kit?” Prelogar said it would.