October 16th 2023.
On Monday, the U.S. Supreme Court blocked two Texas-based manufacturers from selling products that could be used to make weapons known as "ghost guns". This decision was in response to a request from President Joe Biden's administration to overturn a federal judge's order that sided with the companies.
The rule had been issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to combat the rising number of homemade firearms. It prohibited the sale of ‘build shoot’ kits without the usual serial numbers, background checks, or license requirements.
This was the second time the Supreme Court had overturned an order by Judge Reed O’Connor of Fort Worth, who had ruled that the ATF had exceeded its authority under the Gun Control Act. The administration argued that O'Connor's decision "openly flouted" the Supreme Court's authority.
The rule was intended to help curb gun violence in the United States, which has one of the highest gun ownership rates in the world and is still grappling with frequent mass shootings. It defined a firearm under the 1968 federal law, Gun Control Act, to include parts and kits that can be quickly turned into a gun.
Plaintiffs such as the two manufacturers, gun owners, and two gun rights groups took the case to federal court in Texas, claiming the policy would undermine the legal tradition of private gunsmithing. O'Connor rejected the administration's concerns and invalidated the rule.
Biden's administration then appealed to the 5th U.S. Circuit Court of Appeals and asked the Supreme Court to halt O’Connor’s decision while the appeal is being processed, which the justices granted. The manufacturers had also asked O'Connor for an injunction while the appeal is ongoing, which was allowed by the 5th Circuit.
The Supreme Court's decision is seen as a victory for the Biden administration and those who want to address gun violence in the United States.
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