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Let's Keep One Thing in Mind on 'Ghost Gun' Case, Despite California's Worries

Let's Keep One Thing in Mind on 'Ghost Gun' Case, Despite California's Worries
AP Photo/Jae C. Hong, File

The Supreme Court upheld the Biden-era regulations that define privately made firearms kits--what are commonly called "ghost gun" kits in the media--as firearms, requiring a serial number to be applied and background checks to be conducted before sale. That was a bit of a setback for gun rights advocates, to say the least, though the case wasn't actually a Second Amendment issue.

There are still things to consider, though, that could well end the practice. One of those? Trump can just decide that needs to change.

The rules that were challenged were put in place by the ATF, under the direction of the Biden administration.

Trump can simply opt to reverse that rule.

In fact, some figure it's pretty likely, and they're concerned about the outcome.

The Supreme Court’s ruling upholding the Biden administration's clampdown on “ghost guns,” the self-built, largely untraceable firearms used in an increasing number of deadly shootings,  is likely to be undone by President Donald Trump. But California has its own law banning possession and sale of ghost gun kits and parts, though state laws are harder to enforce than nationwide restrictions.

State officials say ghost guns have accounted for 25% to 50% of the firearms found at California crime scenes in recent years, and a federal report found that 65% of all ghost guns found by officers in 2020 were in California. The state Legislature prohibited their possession and sale in 2022, and last year three gun manufacturers that had sold the weapons since the law took effect agreed to pay the state $675,000 in civil penalties.

The guns are sold in parts without serial numbers and can be assembled quickly. President Joe Biden’s administration adopted regulations in 2022 requiring the parts to include serial numbers so that their owners could be traced. The regulations also required the buyers to undergo background checks, like those mandated for gun purchasers, and banned sales to anyone under age 21.

Wait, I thought California had tons of gun control, including a ban on "ghost guns" from way before Biden stepped in. How is it remotely possible that these "ghost guns" keep showing up, especially in that high of a rate?

First, let's keep in mind that at least some consider anything without a readable serial number to be a "ghost gun." That means obliterating a serial number on a stolen gun would still count, which I suspect accounts for many of these weapons.

But even then, that's still a lot of guns despite the gun control on the books.

It doesn't help that they misrepresent the requirements of the Biden restrictions.

For one thing, "parts" still aren't serialized. The only thing that's serialized is the incomplete receiver. Yet one criticism of those restrictions was that it wouldn't actually stop people from making guns illegally, only jam up the process for law-abiding citizens who aren't a problem in the first place. 

Every other part is unserialized, and that's good since they're also all replacement parts for traditionally manufactured firearms.

See, California is having a major issue despite all of the laws, and now they're worrying that without the laws, it'll get worse.

But it's pretty clear the laws aren't working, so Trump most definitely should remove the restrictions.

If he doesn't, then someone is going to challenge the regulations through any of the openings left by the Supreme Court's rather narrow, if stupid, ruling. There are a lot of options left, and California should learn to deal with disappointment either way.

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