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The federal government is urgently appealing to the U.S. Supreme Court, seeking to halt an injunction exempting two companies from regulations governing the sale of "ghost guns." These firearms, devoid of serial numbers, pose a significant challenge to law enforcement efforts. The Fifth Circuit's recent decision, granting an exemption to BlackHawk Manufacturing Group Inc. and Defense Distributed, has triggered alarm within federal ranks, foreseeing a deluge of untraceable weapons saturating the nation.

Feds Ask High Court To Block 'Ghost Gun' Exemption : Loophole Sparks Concerns

In a petition filed on Thursday, the government contends that the Fifth Circuit panel's interpretation of the Gun Control Act of 1968 and the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) 2022 rule is flawed. By permitting these companies to continue selling kits lacking serial numbers and sidestepping background checks, the ruling creates a perilous loophole, facilitating the proliferation of untraceable firearms.

The government argues that these kits, akin to readily assembled furniture from Ikea, can be transformed into functional firearms within minutes. Such ease of conversion, coupled with the widespread availability of instructional materials online, poses a grave risk to public safety.

Feds Ask High Court To Block 'Ghost Gun' Exemption : Deficient Ruling

The petition rebukes the Fifth Circuit's rationale, asserting that the panel failed to grasp the essence of the Gun Control Act and the ATF's rule. Contrary to the court's assertion, the kits in question squarely fall within the Act's definition of firearms, encompassing devices "readily convertible" into weapons capable of expelling projectiles.

Criticizing the court's analogy that conversion time distinguishes these kits from assembled firearms, the government argues that any kit transformable into a functional firearm within half an hour qualifies as "readily" convertible. Allowing such exemptions, the government contends, undermines the Act's regulatory purpose, enabling companies to circumvent crucial safety measures.

Feds Ask High Court To Block 'Ghost Gun' Exemption : Semantic Disputes

Moreover, the government challenges the court's interpretation of "frame or receiver," asserting that the ATF's clarification aligns with conventional definitions. An unfinished component remains a frame or receiver if easily modifiable to fulfill its intended purpose. Analogously, a bicycle missing essential parts remains a bicycle, awaiting minor adjustments for functionality.

Implications of Inaction

The government underscores the dire consequences of upholding the Fifth Circuit's ruling. Law enforcement agencies have witnessed a staggering surge in the recovery of ghost guns, from 1,600 in 2017 to over 19,000 in 2021. This exponential rise, exacerbated by the proliferation of unregulated kits, poses an imminent threat to public safety.

As the legal battle unfolds, the fate of ghost gun regulation hangs in the balance. With law enforcement agencies grappling with the escalating threat posed by untraceable firearms, the Supreme Court's intervention assumes paramount importance.

Legal Representation

The federal government is spearheaded in this legal battle by U.S. Solicitor General Elizabeth B. Prelogar. Defense Distributed and BlackHawk Manufacturing Group Inc. are represented by Chad Flores of Flores Law PLLC and Michael J. Sullivan along with Nathan P. Brennan of Ashcroft Law Firm LLC, respectively.