WASHINGTON (NEXSTAR) — The Supreme Court heard its first arguments of the new term Tuesday.
In a case about whether gun-making kits can be regulated the same as traditional guns, Supreme Court justices turned to questions about omelets and meal kits.
“I put out on a counter some eggs, some chopped up ham, some chopped up pepper and onions. Is that a western omelet?” Justice Samuel Alito asked.
“No, because again, those items have well-known other uses…to become something other than an omelet,” U.S. Solicitor General Elizabeth Prelogar said.
Justice Amy Coney Barrett, following the same analogy asked: “Would your answer change if you ordered it from Hello Fresh, and you got a kit?”
“Yes, and I think that presses on the more apt analogy here,” Prelogar said.
The Biden administration argues the Bureau of Alcohol, Tobacco and Firearms did not exceed its authority when it started regulating untraceable kit-made guns known as “ghost guns” in 2022.
The ATF did so under a 1968 law defining a firearm as a weapon that may be readily converted to shoot.
The case comes after the government appealed a lower court decision that blocked the ATF rule. Gun rights groups had sued, saying Congress’s firearm definition does not include gun parts.
“ATF has now exceeded its authority by operating outside of the bounds set by Congress,” Gun rights groups attorney Pete Patterson said.
Patterson says parts alone shouldn’t be subject to the same regulations. He says the assembly process, involving drilling holes, makes a difference.
“Even once you have a complete frame, it’s not a trivial matter to put it together,” Patterson said.
Chief Justice John Roberts pushed back.
“It’s not terribly difficult for someone to do this,” Roberts said.
A decision on the case will likely be out next summer.