Ghost guns" are displayed at the headquarters of the San Francisco Police Department in San Francisco, Nov. 27, 2019. (AP Photo/Haven Daley, File)
By Mark Sherman
The Supreme Court is reinstating a regulation aimed at reining in the proliferation of ghost guns, firearms without serial numbers that have been turning up at crime scenes across the nation in increasing numbers.
The court on Tuesday voted 5-4 to put on hold a ruling from a federal judge in Texas that invalidated the Biden administration's regulation of ghost gun kits. The regulation will be in effect while the administration appeals the ruling to the 5th U.S. Circuit Court of Appeals in New Orleans — and potentially the Supreme Court.
Chief Justice John Roberts and Justice Amy Coney Barrett joined with the court's three liberal members to form the majority. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas would have kept the regulation on hold during the appeals process. Neither side provided an explanation.
The Justice Department had told the court that local law enforcement agencies seized more than 19,000 ghost guns at crime scenes in 2021, a more than tenfold increase in just five years.
"The public-safety interests in reversing the flow of ghost guns to dangerous and otherwise prohibited persons easily outweighs the minor costs that respondents will incur," Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer, wrote in a court filing.
The new rule was issued last year and changed the definition of a firearm under federal law to include unfinished parts, like the frame of a handgun or the receiver of a long gun, so they can be tracked more easily. Those parts must be licensed and include serial numbers. Manufacturers must also run background checks before a sale — as they do with other commercially made firearms. The requirement applies regardless of how the firearm was made, meaning it includes ghost guns made from individual parts or kits or by 3D printers.
The rule does not prohibit people from purchasing a kit or any type of firearm.
U.S. District Judge Reed O'Connor, in Fort Worth, Texas, struck down the rule in late June, concluding that it exceeded the Bureau of Alcohol, Tobacco, Firearms and Explosives' authority. O'Connor wrote that the definition of a firearm in federal law does not cover all the parts of a gun. Congress could change the law, he wrote.
Lawyers for individuals, businesses and advocacy groups challenging the rule told the Supreme Court that O'Connor was right and that the ATF had departed from more than 50 years of regulatory practice in expanding the definition of a firearm.
“We’re deeply disappointed that the Court pressed pause on our defeat of ATF’s rule effectively redefining ‘firearm’ and ‘frame or receiver’ under federal law," Cody J. Wisniewski, general counsel of the Firearms Policy Coalition Action Foundation, said in a statement. “Regardless of today’s decision, we’re still confident that we will yet again defeat ATF and its unlawful rule at the Fifth Circuit when that Court has the opportunity to review the full merits of our case.”
The Giffords Law Center to Prevent Gun Violence, which has long supported regulation of ghost guns, praised the Supreme Court's action. “The challenged rule simply requires that ghost gun kits are regulated like the guns that they are. It will save lives,” David Pucino, the group's deputy chief counsel, said in a statement.
U.S. officials spoke to Russian leaders for nearly eight hours earlier this week, in hopes of reducing tensions between Russia and Ukraine. Russia forced the west to the negotiating table by massing 100,000 troops near the Ukrainian border, sparking fears of an invasion, and then submitted a set of demands which the west rejected. Joel Rubin, former Deputy Assistant Secretary of State & President at Washington Strategy Group explains what the rest of the week might look like, and why other European nations may be on the side of the U.S.
Chicago schools opened their doors again following a dispute between the teachers union and the city over as the omicron variant continues to surge, but the safety issues they fought over weren't just limited to the Windy City. Dr. Bayo Curry-Winchell, family medicine and urgent care doctor, joined Cheddar in discussing concerns of parents, teachers, and students as schools try to operate amid COVID and noted what she's been observing as the number of infections among children rises. "I am seeing them contract the illness from so many different aspects," she said. "It could be from a fellow classmate. It could be from a parent. All of those things really play in the effect of transmission as well as contracting the illness."
Sen. John Hickenlooper (D-Colo.) is looking for clarification about a federal standard regarding THC impairment while driving. "I think in terms of marijuana, the fact that it's still a Schedule 1 narcotic — it's treated the same as heroin and cocaine — it means that we can't get standards developed," he said about the lack of cohesive regulations. The lawmaker also explained his previous opposition to cannabis legalization in Colorado when he was governor and why his position changed.
With Martin Luther King Jr. Day fast approaching, Rep. James Clyburn (D-S.C. 6th District), the House Majority Whip, talked about the importance of honoring the iconic civil rights activist. "As we consider the life and celebrate the legacy of Martin Luther King Jr., let's think about who and what we are as a country, and whether or not we're going to give up on the ideals of this country or continue to press forward," he said. Clyburn also discussed the push for new voting legislation, the For the People Act and the John Lewis Act, as well as the fate of the Senate filibuster.
One year after the attack on Capitol Hill, America is still deeply divided and politically broken. Zoe Tillman, senior reporter for BuzzFeed News, breaks down President Biden's remarks on January 6, and why the country disagrees on its views over the violent insurrection.
While the pandemic caused financial troubles for many, the unique circumstances of the last two years proved helpful to many Americans. Whether it was the federal government's stimulus checks, expanded unemployment insurance, or general lockdowns, recent data reveals that the covid-19 pandemic helped many reach financial security. Neale Godfrey, Financial Expert and New York Times #1 Best Selling Author joined Cheddar's Opening Bell to discuss.
U.S. markets opened higher despite red-hot inflation data which showed the highest surge in nearly 40 years. Jon Maier, CIO, GlobalX ETFs joined Cheddar's Opening Bell to discuss this historic report.
Meta's request to have a Federal Trade Commission antitrust lawsuit dismissed was rejected by a federal judge. Prosecutors presented enough evidence in their latest filing to go forward with the case accusing the tech giant of operating a social networking monopoly through Facebook, Instagram, and WhatsApp.
Covid cases have started to spike again across the nation, and this time they seem to be hitting some of our youngest and most vulnerable - school-aged children. School districts across the nation - including the country's largest public school system in New York City- are all grappling with what to do as teachers and students alike continue to miss school in droves.
Katie Honan, reporter for the New York City-based non profit news organization, The City explains how educational leaders across the country are handling covid demands from both teachers and parents alike.
Last week, the Supreme Court began here to hear arguments on two of the President's COVID-19 vaccine mandates. The vaccine or testing requirement for employees of large businesses, as well as the vaccine mandate for health care providers who get funding through either Medicare or Medicaid. The justices in DC will ultimately decide whether or not federal agencies even have the authority to issue these types of mandates. Editor at large of employment at Law 360, Vin Gurrieri, joined Cheddar to discuss more.
