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The Supreme Court's Ruling on 'Ghost Guns' Could Be Pivotal

AP Photo/Jae C. Hong, File

The U.S. Supreme Court is set to hear a case on Tuesday related to restrictions on so-called “ghost guns.” The court’s ruling could have significant ramifications on gun rights and the ability of the state to infringe on the Second Amendment.

The case, Garland v. Vanderstok, centers on a 2022 regulation from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which mandates that kits that can be used to assemble firearms without serial numbers must meet the same requirements as commercially sold guns. These requirements include licensing, serialization, and background checks for buyers.

The regulation came about amid rising concerns over a surge in gun-related violence and the supposed growing role of ghost guns in this trend. Data shows that about 11,000 ghost guns were confiscated at crime scenes in California alone in 2021, according to The New York Times.

Those supporting the restrictions argue that ghost guns are becoming a staple in criminal activity. The Biden-Harris administration argues that “the rule is intended to address a proliferation of crimes using ghost guns, which can be made from 3D printers or kits and parts available to buy online,” according to CBS News.

While the total number of gun homicides in the United States remains alarmingly high, the actual proportion involving ghost guns isn’t quite as prevalent as the anti-gunner lobby would have us believe. The Washington Times’ Jeff Mordock pointed out that ghost guns account for a small fraction of firearms seized by police in major cities.

For example, only 1.2 percent of the 11,258 guns confiscated in Chicago in 2019 were ghost guns. In Philadelphia, ghost guns accounted for only 2.2 percent of firearms seized in the same year. It is true that the use of ghost guns is on the rise, but they still only make up a minuscule percentage of all gun crimes.

Nevertheless, anti-gunners remain dead set on preventing people from manufacturing their own firearms. Benjamin Hayes, former ATF special agent and branch manager at the ATF National Tracing Center, told CBS News that Americans are producing so many guns that “they are just pouring into the public domain,” which “makes it easy for someone with criminal intent to obtain a gun.”

If the Supreme Court rules in favor of the Biden administration’s regulations, it could herald a significant reduction in the availability of ghost guns while needlessly criminalizing a significant number of Americans. Most who manufacture these firearms at home are doing so for self-protection or as a hobby, as was the case with Dexter Taylor, a Brooklyn native who is currently serving a ten-year sentence simply for making firearms using parts he purchased legally online.

If the ATF’s regulation is allowed to stand, there will be plenty more Dexter Taylors who are unjustly prosecuted for exercising their right to keep and bear arms.

The rules are a clear infringement on natural rights. They unjustly restrict individuals’ rights to build firearms for personal use. Those who choose to make their own weapons are simply doing what Americans have done throughout the nation’s history – especially in the Founding era.

Moreover, these rules will be woefully ineffective at stopping people from producing these guns and preventing criminals from obtaining them. Gun control laws are notoriously impotent because they fail to deter those who wish to commit crimes using firearms. It is another measure that negatively impacts law-abiding folks who simply wish to defend themselves from those who routinely break gun laws.

Lastly, there is the issue of federal overreach. The ATF’s rule exceeds the boundaries set by Congress. It is another example of how the Biden-Harris administration is essentially inventing new gun control laws without congressional approval. This type of decision should be made by the legislature, not a geriatric authoritarian who salivates at the thought of making it harder for people to keep and bear arms.

The ghost gun case could be pivotal. If the Supreme Court rules in favor of the Biden-Harris administration, it could pave the way for further executive actions aimed at infringing on the Second Amendment. It would result in countless numbers of people being prosecuted for victimless crimes. The bottom line is that the right to defend oneself from all threats is sacrosanct, and the government has no business trying to interfere. Hopefully, the court will make the right decision.

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