The Briefing Room
General Category => National/Breaking News => SCOTUS News => Topic started by: mystery-ak on October 16, 2023, 11:58:30 pm
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Supreme Court vacates federal court order against Biden's ghost gun rule
by Kaelan Deese, Supreme Court Reporter
October 16, 2023 04:48 PM
The Supreme Court on Monday vacated a lower court order and allowed the Biden administration's ghost gun regulations to take effect.
The request was initially filed to Justice Samuel Alito and referred to the full court, according to an order on Monday vacating a Texas-based federal judge's ruling against President Joe Biden's ghost gun rules.
On Oct. 6, Alito overruled the judge's decision against such rules. He issued an order giving ghost gun manufacturers until Wednesday to provide a better reason as to why they should not have their guns regulated the same way as anyone else.
The Bureau of Alcohol, Tobacco, Firearms and Explosives rule requires creators or sellers of the kits to obtain a special license, mark products with traceable serial numbers, and conduct background checks while maintaining records. The rule attracted criticism from several pro-gun advocates and manufacturers who say the reclassification of parts kits as firearms is unconstitutional.
Gun rights groups such as the Second Amendment Foundation Inc., Polymer80 Inc., and Not An LLC, sued to block the rule days after it took effect in August 2022. Such groups argued they would be driven out of business by the ATF rule if it was enforced against them.
The stay Alito imposed on Oct. 6 was slated to expire on Monday by 5 p.m.
more
https://www.washingtonexaminer.com/policy/courts/supreme-court-vacates-court-biden-ghost-gun-rule
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What happened to "shall not be infringed"?
How many of those hand built rifles that helped found this nation had serial numbers?
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My .22 rifle doesn't have a serial number. It predates the requirement.
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Justices again side with Biden on ghost guns
SCOTUSblog by Amy Howe 10/16/2023
Defense Distributed countered that O’Connor’s Sept. 14 order provided a different remedy than his June 30 order: While the earlier order vacated the rule, so that it effectively did not exist anywhere in the country, O’Connor’s Sept. 14 order simply barred the government from enforcing the rule against Blackhawk and Defense Distributed.
In light of this difference, Blackhawk emphasized, the company had no choice but to go back to the district court to seek relief “to preserve its ability to stay in business” until the litigation is concluded.
On Oct. 6, Justice Samuel Alito, who handles emergency appeals from the 5th Circuit, issued a temporary stay of O’Connor’s ruling, until 5 p.m. on Oct. 16, to give the Supreme Court time to consider the Biden administration’s request. In a brief, unsigned order (https://www.supremecourt.gov/orders/courtorders/101623zr_2co3.pdf) issued shortly before 4:30 p.m. on Monday, the justices vacated O’Connor’s order, clearing the way for the Biden administration to enforce the rule against Blackhawk and Defense Distributed for now. There were no public dissents from the court’s order.
More: https://www.scotusblog.com/2023/10/justices-again-side-with-biden-on-ghost-guns/ (https://www.scotusblog.com/2023/10/justices-again-side-with-biden-on-ghost-guns/)