In this engaging discussion, Eric Tirschwell, executive director and chief litigation counsel of Everytown Law, shares his expertise on the explosive topic of ghost guns—untraceable firearms that can be easily assembled at home. He and Mark Joseph Stern delve into the implications of the upcoming Supreme Court case, Garland v. VanDerStok, focusing on public safety concerns and how recent regulations have led to a decline in ghost gun-related crimes. The duo also uncovers the troubling influence of dark money in legal challenges against gun safety laws.
The Supreme Court case of Garland v. VanDerStok focuses on regulating ghost guns, untraceable firearms that have raised public safety concerns.
Significant dark money from conservative donors supports legal efforts to dismantle gun safety laws, complicating advocacy for stricter regulations.
Deep dives
The Ghost Gun Dilemma
Ghost guns are unlicensed and untraceable firearms created from kits that can be purchased online and assembled quickly at home. These kits are sold without serial numbers, making it nearly impossible for law enforcement to trace them back to any user if they are recovered at a crime scene. The Biden administration's new regulation aims to address this issue by requiring sellers of ghost gun kits to follow the same legal obligations as traditional gun sellers, such as performing background checks and providing serial numbers. This regulation seeks to ensure that these weapons do not fall into the hands of individuals prohibited from possessing firearms, like minors or those with felony records.
Impact of Regulations on Gun Violence
Data indicates that the implementation of new regulations has resulted in a decline in the recovery of ghost guns at crime scenes, highlighting their effectiveness in combating gun violence. Before the regulation's enforcement, there were substantial increases in ghost gun recoveries, skyrocketing from about 2,000 in 2018 to 25,000 by 2022. The recent downturn in such recoveries suggests a positive correlation between regulatory measures and reduced instances of firearm-related crimes, particularly in major urban areas. This emerging trend underlines the potential for regulations to hinder the proliferation of firearms that circumvent existing laws.
Legal Challenges and Procedural History
The Supreme Court has been involved in this ongoing legal battle concerning ghost guns multiple times, indicating the complexity and significance of the issue at hand. Initially, lower courts attempted to block the Biden administration's regulation, but the Supreme Court intervened to uphold it multiple times, reflecting a cautious support for the regulation amidst varying lower court rulings. This procedural history may indicate a level of consensus among justices regarding the necessity of maintaining the regulation while the legal processes unfold. Observing the Court's response thus far provides a glimmer of encouragement for advocates of gun regulation.
The Role of Dark Money in Legal Challenges
A significant amount of funding from conservative donors is currently backing legal efforts aimed at dismantling gun safety regulations across the country. Many plaintiffs appreciate the financial backing of various gun rights organizations that oppose virtually all forms of gun control, irrespective of their potential public safety benefits. This influx of dark money creates challenges for advocates of gun safety law, as they work against well-funded entities promoting deregulation of firearms. The implications of these funding sources highlight a broader strategy to undermine gun regulations, akin to other movements seeking to dismantle established legal frameworks.
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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