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Supreme Court Debates November 2024 No. 8 Vol. 27
Regulating Privately Made Firearms

Ghost Guns

Government Regulation of Privately Made Firearms

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Regulating Privately Made Firearms

Overview of Changes to Restrictions on “Ghost Guns”

On April 7, 2021, President Joe Biden announced several executive actions seeking to address gun violence, including instructions for the Department of Justice (DOJ) to issue a rule addressing so-called “ghost guns” that lack serial numbers or other identifying markings. The announcement came amidst concern from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) over its inability to trace unmarked firearms that have been used in shootings and other crimes in recent years….

More on Ghost Guns:

  • Foreword

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  • Transgender Rights, E-Cigarettes and Internet Speech on the Docket

    U.S. v. Skrmetti, FDA v. Wages and White Lion Investments, Free Speech Coalition v. Paxton and Others

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  • Regulating Privately Made Firearms

    Overview of Changes to Restrictions on “Ghost Guns”

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  • 5th Circuit Holding on “Ghost Gun” Regulations

    Gun Kits Are Not Subject to Federal Firearm Restrictions

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  • PROS

    Can Firearm Parts Kits Be Subject to the Regulatory Requirements of the Gun Control Act of 1968?

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  • CONS

    Can Firearm Parts Kits Be Subject to the Regulatory Requirements of the Gun Control Act of 1968?Do-it-yourself kits that allow individuals to build a functioning firearm have been around for more than 30 years. In the last 15 years, however, the products — which are not covered by federal gun regulations — have grown in popularity. In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a rule that requires these gun kits to include serial numbers and meet other licensing and background-check requirements under the Gun Control Act (GCA) of 1968. In August 2022, private citizens Jennifer VanDerStok and Michael Andren joined gun-rights groups and gun-kit manufacturers in a lawsuit challenging the legality of the ATF rule. Both a federal district court and the 5th Circuit U.S. Court of Appeals ruled in their favor, holding that the GCA does not apply to gun kits. The U.S. government appealed to the Supreme Court, which granted certiorari on April 22, 2024. The following is excerpted from the Brief for Respondents as submitted to the U.S. Supreme Court on Aug. 13, 2024.

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  • Before the Court in Garland v. VanDerStok

    The Justices Weigh in on “Ghost Gun” Regulation

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  • Glossary

    Definition of Common Legal Terms Used in Supreme Court Debates

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