Advisory Opinions Second Amendment v. Ghost Gun Ban
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Mar 27, 2025 
In this engaging discussion, former Fifth Circuit judge Gregg Costa, now a partner at Gibson Dunn, shares his insights on ghost guns and their legal challenges. He highlights the implications of recent Supreme Court rulings surrounding the Second Amendment. The conversation dives into issues like universal injunctions and forum shopping, assessing the political dynamics in judicial rulings. Costa also unpacks the complexities of legal standing and discusses the relationship between emerging technologies and gun regulations, painting a vivid picture of today’s contentious legal landscape.
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Ghost Gun Case Not 2A
- The Supreme Court’s ruling on ghost guns is about statutory interpretation, not the Second Amendment.
- The Court’s modern gun jurisprudence shows no strong pro-gun tilt in specific cases.
Visual Aids in SCOTUS Opinions
- Justice Gorsuch used visual aids, including pictures of gun kits, in his opinion on ghost guns.
- He explained how easily some kits can be assembled into functioning firearms.
Facial Challenges
- The Supreme Court’s approach to facial challenges is unclear, as seen in the net choice case.
- The ghost gun case may be different because it involves an emerging technology.