Another ill-conceived bit of DOJ gun regulation is now headed to the Supreme Court.
After the U.S. Department of Justice (DOJ) promulgated a rule to regulate home-built firearm kits, or what the Biden administration calls “ghost guns,” two Texas residents filed a lawsuit challenging the legality of the rule that will now be heard by the Supreme Court of the United States (SCOTUS).
The Biden Administration and other gun-grabbing Democrats call them “ghost guns” because they are literally, by law, not guns. They’re unfinished 80% receiver kits, or build kids that you must finish at home on a milling machine, 3D printer, etc. American citizens building their own guns without the approval of the federal government (which has only occurred since, oh, about 1873) promises to thwart their plans of complete civilian disarmament, hence “ghost gun” regulations.
Represented by the Firearms Policy Coalition (FPC), the lawsuit from plaintiffs Jennifer VanDerStok and Michael Andren contends the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded the boundaries of federal law by implementing the new rules, which treat unfinished firearm kits as finished firearms and requires all firearms to possess a serial number.
The DOJ argued it simply wants to make sure the unfinished parts kits are treated like any other firearm and says implementation of the rule will not prevent anyone who is lawfully allowed to possess a gun from obtaining one. Those wanting to buy one would need to undergo the regular process to purchase any firearm, which includes a background check.
The plaintiffs disagree, writing in their SCOTUS brief that they believe the federal government’s goal in implementing the rule isn’t to simply regulate the firearm kit industry, but to get rid of it.
“The expected result of ATF’s Rule was not simply to regulate this industry but to destroy it,” the FPC wrote, pointing to a communication from the ATF to the FBI regarding the rule’s effect.
“The ATF informed the FBI that the Rule should not be expected to significantly impact the background check system because “many parts kit manufacturers and dealers will go out of business,” the brief continued.
Both a federal judge in North Texas and subsequently the U.S. 5th Circuit Court of Appeals sided with the plaintiffs in challenging the rule, prompting the DOJ to file an appeal with SCOTUS.
On Monday, SCOTUS granted a review of the case for its fall term, setting up a final legal showdown between the gun rights groups and the federal government on the issue.
In previous Supreme Court cases on the legality of various firearms sale and registration acts, the Commerce Clause of the United States Constitution has typically done a lot of heavy lifting. However, someone producing a gun in their own workshop for personal use and not to sell in another state, would not seem to fall under the purvey of federal regulation were it not for the radical expansion of federal power to stick it’s nose into every possible affair of private citizens afford by such post-New Deal decisions as Wickard vs. Filburn.
Maybe the Supreme Court will finally use this opportunity to reign in the federal government’s unlegislated regulatory powers based on vague, unenumerated Commerce Clause rationales.