Gun Cases Among Key Issues Supreme Court Will Tackle in New Term

The United States Supreme Court begins its new term today and plans to hear a wide ranging number of cases dealing with eveything from guns to online porn. While no doubt a number of you are definitely into online porn, it is the gun cases TTAG will focus on today.

Among the first issues to be heard is a challenge to the Biden administration’s regulation of “ghost guns” — firearms that can be assembled from parts sold online and are often untraceable due to the absence of serial numbers. On October 8, the court will hear Garland v. VanDerStok, a case that focuses on whether partially assembled firearms sold in kits should be treated as guns under federal law.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) implemented a regulation in April 2022 requiring ghost guns to be registered, with serial numbers, and buyers to undergo background checks. However, the rule was successfully challenged by gun dealers in lower courts, and now the federal government is appealing to the Supreme Court, according to Newsweek.

This case isn’t about the Second Amendment directly. Instead, the question centers on whether the executive branch has the authority to redefine the legal meaning of a firearm under existing federal law. Critics of the regulation argue that the administration is overstepping its bounds by enforcing restrictions that should be determined by Congress, not regulatory agencies. This is a parallel to the court’s decision in Loper Bright Enterprises v. Raimondo, which limited the power of executive agencies to expand laws through administrative regulations, according to a USA Today article.

Legal experts are watching closely. Syracuse University law professor Greg Germain remarked to Newsweek that the case could serve as a test of the Supreme Court’s adherence to constitutional principles. The court’s previous rulings, such as Garland v. Cargill, where they blocked a regulation banning bump stocks, have demonstrated the justices’ strong defense of gun rights.

In addition to the ghost gun case and as noted on TTAG late Friday, the court will hear arguments in a lawsuit filed by the Mexican government against Smith & Wesson Brands Inc. Mexico is seeking billions in damages, alleging that the gun manufacturer has been complicit in fueling violence by enabling the sale of firearms to drug cartels. Mexico claims that Smith & Wesson’s reckless marketing practices and lack of safeguards have made it easier for criminals to acquire their weapons. Smith & Wesson argues that they are shielded from liability under the 2005 Protection of Lawful Commerce in Arms Act, which protects gunmakers from lawsuits when their products are legally sold but later misused.

The outcome of these cases will likely set important precedents for gun regulation and liability in the U.S., and gun owners and Second Amendment defenders will be paying close attention to how the Supreme Court handles these challenges. Decisions on both cases are expected by July of next year.