In this engaging discussion, Eric Tirschwell, executive director and chief litigation counsel of Everytown Law, delves into the impending Supreme Court case Garland v. VanDerStok about 'ghost guns.' Tirschwell highlights the alarming rise of untraceable firearms and the significant drop in related crimes since new regulations were introduced. They also explore the dark money influencing litigation against gun safety laws and compare these tactics to anti-abortion strategies, exposing a controversial intersection of law and public safety.
The case of Garland v. VanDerStok highlights the urgent public safety concerns surrounding ghost guns, which are untraceable and easily assembled firearms posing a risk to communities.
Significant dark money is being utilized to challenge gun safety laws, paralleling strategies seen in anti-abortion litigation, raising issues of transparency in legal funding.
Deep dives
The Rise of Ghost Guns
Ghost guns are unlicensed, untraceable firearms that can be assembled at home from kits purchased online. These kits are concerning because they are sold without serial numbers or background checks, making it difficult for law enforcement to trace them. Reports indicate that the recovery of ghost guns at crime scenes surged dramatically from only a few thousand in 2018 to over 25,000 by 2022, highlighting their impact on violent crime. This rise has led to public safety concerns, particularly since these weapons can fall into the hands of individuals prohibited from owning firearms.
Legal Challenges and Legislative Actions
The Biden administration implemented a rule that requires sellers of ghost gun kits to adhere to regulations under the Gun Control Act, including background checks and serial numbers. This rule was challenged in court by sellers arguing it exceeded ATF's authority, with lower courts initially supporting this viewpoint. However, the Supreme Court intervened multiple times to uphold the rule during the ongoing legal process, indicating a potential leaning toward maintaining this regulation. The ongoing legal battles emphasize the tension between gun safety laws and the challenges posed by ghost gun sellers.
Public Safety Implications of Ghost Guns
The data shows that the implementation of the ghost gun rule has led to a decrease in the recovery of these firearms at crime scenes, suggesting a meager impact on violent crime rates. Anecdotal evidence reflects how ghost guns are often utilized in violent incidents, particularly among teenagers who can bypass legal channels to obtain these weapons. The risk of ghost guns being used in crimes raises serious concerns for community safety and highlights their role as weapons of choice for those wishing to evade legal restrictions. The rule's effectiveness showcases the potential life-saving benefits of regulatory measures on ghost guns.
The Influence of Dark Money in Gun Rights Litigation
Significant financial resources from anonymous donors are reportedly being funneled into challenges against various gun safety laws across the country, suggesting a coordinated effort to dismantle existing regulations. Observers have drawn parallels to strategies employed in other areas of conservative litigation, particularly regarding abortion. Such funding allows organizations opposing these laws to sustain lengthy legal battles, even as public safety concerns mount regarding the proliferation of ghost guns. The presence of dark money raises questions about transparency and accountability in the ongoing debates over gun rights and regulations.
In this week's Amicus, Mark Joseph Stern steps in for Dahlia Lithwick to preview the upcoming Supreme Court term and dive into the high-stakes case of Garland v. VanDerStok. This critical case examines the legality of 'ghost guns'—untraceable firearms that can be assembled at home from kits bought online. Stern talks with Eric Tirschwell, executive director and chief litigation counsel of Everytown Law, the litigation arm of Everytown for Gun Safety. Stern and Tirschwell discuss the profound public safety implications of this case and the dramatic decrease in ghost gun-related crimes following the Biden administration’s introduction of the rule at the heart of the case. They also uncover the role of dark money in funding lawsuits aimed at eroding gun safety laws, and how it compares to the anti-abortion legal strategies of the Christian right.
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