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.
