WASHINGTON, DC – The Supreme Court may take up whether the Biden-Garland Justice Department’s “Ghost Gun” Rule – the exaggerated expression Joe Biden’s supporters have coined referring to rifle parts without serial numbers – violates the rights of law-abiding weapons owners.
In a regulation issued in 2022, Attorney General Merrick Garland claimed that the requirement for a serial number for certain parts that could be assembled to create an operating firearm applies to federal law. This goes against the law in the country’s highest court during the 2024 election, a column that past governments that opposed Second Amendment rights have been afraid to cross.
The most comprehensive federal gun control law ever passed was the Gun Control Act of 1968 ( GCA ), which was passed when liberal Democrats enjoyed overwhelming majority in both Houses of Congress and when Lyndon Johnson was in office. GCA was passed times before the Supreme Court realized that the Second Amendment guarantees a fundamental right to keep and bear arms.
Every firearm made in the United States must have a unique serial number, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF), to track the firearm from the manufacturer to the retailer who sells it.
The gun store next records the person who purchased the item using that serial number, so that the police can contact the cannon shop to find out if the item is eventually recovered as part of a criminal investigation.
That GCA clause has always been understood as referring to finished weapons. But, in 2022 Garland promulgated a law extending that need to rifle parts. This may significantly expand the Biden administration’s authority over the firearms sector, and it would also charge more to produce and sell them, making them less affordable and accessible to British citizens, and put some firearm makers and sellers out of business.
The Administrative Procedure Act ( APA ) challenged the Biden-Garland regulation. Judge Reed O’Connor in the U.S. S. The Northern District of Texas ‘ district judge determined that Garland’s rules outweighs any legal power conferred by the GCA to the federal government. The U. S. The Fifth Circuit Court of Appeals affirmed in the related component.
Garland requested that the Supreme Court review the situation. The judges agreed to do so on Monday, with claims likely to take place close to Election Day.
Garland v. VanDerStok, No. 23-852 in the Supreme Court of the United States.
Ken Klukowski, a mature legitimate advisor for Breitbart News, previously worked for the Justice Department and the White House. Follow him on X ( formerly Twitter ) @kenklukowski.
