The Supreme Court will hear the Biden administration’s appeal of a ruling that would invalidate its “ghost gun” regulations, setting the stage for a major showdown on firearms next term.
After previously intervening in the dispute twice on an emergency basis, the justices in a brief order Monday agreed to take up the case on the merits.
Their decision comes two years after President Biden announced a crackdown on the devices, referring to firearms that are sold as do-it-yourself kits and are generally hard to trace.
The 5th U.S. Circuit Court of Appeals ruled the regulation unlawful, siding with two firearm owners, two gun rights advocacy organizations and five entities that manufacture or distribute guns that challenged the crackdown.
The Justice Department then urged the Supreme Court to take up the case, warning that letting that lower ruling stand would have deadly consequences.
“Under the Fifth Circuit’s interpretation, anyone could buy a kit online and assemble a fully functional gun in minutes — no background check, records, or serial number required,” U.S. Solicitor General Elizabeth Prelogar wrote in court papers on behalf of the government.
