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Supreme Court accepts case challenging Biden ghost gun order

Published in Blog on April 23, 2024 by Jakob Fay

On Monday, the United States Supreme Court announced its decision to hear a case challenging Joe Biden’s federal regulations targeting so-called “ghost guns.” These regulations, which mandate that self-assemble weapon kits, often unregistered and untraceable, must be sold like any other firearm, have drawn criticism from Second Amendment advocacy groups, including the National Rifle Association (NRA).

The measure, unveiled by Biden at a White House event in 2022, was initially struck down in 2023 by a federal judge in Texas. The U.S. Department of Justice appealed the case to the 5th Circuit Court of Appeals, which upheld the Texas ruling. This week, the nation’s highest court agreed to hear the case in October, although the controversial regulations will remain in effect until then.

Proponents argue that police have witnessed an “explosion of crimes involving ghost guns,” which are typically unserialized and, therefore, nearly impossible to track. Additionally, they contend that consumers should be subject to the same rules that regulate the sale of other firearms, including mandatory background checks.

“Ghost gun kits and parts have long been intentionally marketed as unregulated and untraceable to appeal to those who want to avoid background checks and/or cannot legally possess firearms, including minors, domestic abusers, and gun traffickers,” claimed the Brady Center to Prevent Gun Violence. “As a result of this lack of regulation and serialization, prohibited and dangerous individuals have turned to ghost guns to evade federal and state gun regulations, emerging as the weapon of choice for criminal activity.”

Critics counter that the federal government is constitutionally barred from interfering in the sale of firearms, touting ghost guns as a viable alternative to purchasing serialized weapons, which the federal government can track.

“Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislatures,” added Judge D. Engelhardt, who ruled against the regulation on the 5th Circuit Court.

Gun manufacturers in America have previously criticized federal politicians for seeking to limit Second Amendment rights, arguing that many of the same lawmakers who champion gun control initiatives also support a lenient crime agenda.

“It is no surprise that the cities suffering most from violent crime are the very same cities that have promoted irresponsible, soft-on-crime policies that often treat criminals as victims and victims as criminals,” blazoned Mark Smith, President and CEO of firearm manufacturer Smith & Wesson. “Many of these same cities also maintain the strictest gun laws in the nation. But rather than confront the failure of their policies, certain politicians have sought more laws restricting the 2nd Amendment rights of law-abiding citizens, while simultaneously continuing to undermine our institutions of law and order.”

“We will continue informing law-abiding citizens that they have a Constitutionally-protected right to defend themselves and their families,” he added. “We will never back down in our defense of the 2nd Amendment.”

While many Americans are concerned about government officials infringing on their gun rights, at Convention of States, we know how to ensure that the federal government stays within its bounds. By utilizing an Article V convention to rein in federal spending, power, and terms of office, We the People can prevent the radicals in Washington from eroding our constitutionally guaranteed right to self-defense.

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