Ghost Guns and the Supreme Court
What Are Ghost Guns?
Ghost guns are a class of untraceable firearms, essentially rendering them practically invisible to law enforcement.
They are often created from kits or 3D-printed components. These firearms lack serial numbers, making it very difficult for law enforcement agencies to investigate any crimes involving them.
Ghost guns can also be acquired without subjecting purchasers to background checks, which poses a severe risk to public safety.
Despite the ominous inflection the term “ghost guns” carries, it highlights a rather serious issue currently plaguing society.
This category of firearms has gained immense popularity over the years, especially among those who wish to skirt criminal and civil prosecution. Acquiring ghost gun kits from the internet is relatively straightforward and poses no barrier for law-abiding citizens, making them accessible to anyone and everyone.
This has resulted in great legal outrage from lawmakers, safety organizations, and law enforcement agencies alike.
A legal battle has commenced about whether ghost guns should be regulated as typical firearms.
The core of the issue is whether laws on gun ownership should extend to ghost guns, too. As the law currently stands, all firearms sold in retail outlets are stipulated to have serial numbers; thus, obligatory background checks are necessary.
The loophole in the case of ghost guns is that they are marketed as raw materials or ‘unfinished parts’ instead of fully developed firearms.
Many prominent cases outline this issue. A notable example would be the lawsuit filed against the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The agency introduced new regulations stating that ghost gun kits should have serial numbers.
This was seen as a demand greater than what was previously set and thus led to a lengthy, overwhelming battle in the courts.
Those in opposition to this statement assert that the ATF possesses too much power over ghost guns and postulate that there isn’t enough legal consent to impose such regulations without congressional approval.
The opposing side, however, begs to differ, arguing that the only motive of the ATF is to channel existing laws to address contemporary issues.
Why the Supreme Court Is Involved
In the framework of interest for 2023, a landmark case was heard by the Supreme Court.
Lower courts had divergent opinions with regard to the legality of the rules set out by the ATF.
This case is more than just about ghost guns. It also addresses the contours of power that federal agencies like the ATF wield.
The outcome can have broader implications on how other cases are likely to be treated in the years to come.
Wider Consequences of Gun Laws
The ruling of the Supreme Court has the potential of effecting gun law changes on a large scale.
If the Court’s sympathies lie with the ATF, draconian measures could be instituted with respect to ghost guns and perhaps guns of all varieties. This could also provide federal agencies with the latitude to deal with new risks.
If the ATF loses the argument in Court, it might prove counterproductive in the fight against ghost guns.
This decision may lead to more manufacturers venturing into ghost gun kit production and sales.
For the proponents of gun rights, this would be an issue whereby personal freedom won.
For the advocates of strict weapon control, it would prove to be a challenge to eradicate gun violence.
A Personal Perspective
In my experience with community safety projects, I have come across challenges caused by ghost guns.
A police officer relayed to me a story about a ghost gun incident. They had no idea who the owner was just because the gun had no serial numbers.
I could see the officer was frustrated. This is not merely a legal issue; it is a problem affecting real people in life-threatening circumstances.
At the same time, I have come across people who are very much pro-gun ownership.
They are concerned that the rules might be too suffocating. The mixture of safety and rights is tenuous at best. The decision of the Supreme Court will be critical for both sides.
Current Updates
Currently, the Supreme Court is listening to arguments from all opposing factions.
The Biden administration favors new restrictions, stating that ghost guns are a safety threat.
The groups advocating for gun rights are opposing these regulations as unconstitutional.
People’s opinions about this specific situation are rather vast. Certain groups, such as Everytown for Gun Safety, believe there is a southward gap in the laws set regarding guns, and so, therefore, there is a need for tighter rules.
However, certain groups, such as the National Rifle Association (NRA), believe that the ATF’s rules should not be implemented because they violate the Second Amendment and are also excessively governing.
The Society’s View
These illegal guns, also termed “ghost guns,” highlight the extent to which people are polarized when it comes to the subject of guns. In communities where gun violence is rampant, ghost guns pose an ever-increasing threat that needs to be contained.
On the flip side of the coin, people who adore firearms deem that this could be the onset of excessive government intervention.
This argument or discussion goes a step further by including the issue of government technology.
The emergence of new 3D tools and advanced online shopping have outpaced legislation for firearms, and now leaders face unexpected challenges.
There is a need to note that this issue is not merely about laws; it demonstrates the effects technology is having on our society, which, in a way, is good and bad.
What’s next
With the ruling on ghost guns, the Supreme Court is going to impact the rules of gun ownership in the United States.
Regardless of how the ruling goes, one thing is clear—this is part of a larger argument about private rights vs. public security and the intention of government.
One thing is clear – the decision of the Court could settle a debate during a turbulent period.
