Justice Ketanji Brown Jackson questioned whether the court should even be involved in addressing the policy in the first place, saying she was concerned about the court “taking over what Congress may have intended for the agency to do in this situation.”

"I think it can't be assumed that the agency exceeds its authority whenever it interprets a statutory term differently than we would such that all we have to do as a part of this claim here today is just decide what we think a firearm is." //

Justice Brett Kavanaugh expressed concerns that the regulation would criminalize ghost gun sellers who might not be aware that they are violating a law, CNN reported.

“This is an agency regulation that broadens a criminal statute beyond what it had been before,” Kavanaugh asked. “What about the seller, for example, who is truly not aware — truly not aware — that they are violating the law and gets criminally charged?”

Prelogar said prosecutors would have to prove that the seller was willfully violating the law. Kavanaugh described Prelogar’s answer as “helpful.” //

Twist Gamma
12 minutes ago
Kavanaugh nailed it at the end.

I was on board with the government's argument up until Kavanaugh made it clear that this was not a law but an interpretation of a law. Interpretations on something like this should absolutely go in the favor of the citizen, so that citizens do not become criminals without realizing it.

If guns are regulated, there is no problem with regulating, in the same way, a kit that has all of the ingredients + instructions to build a gun. It's the same thing, assuming the kit is complete. Any restriction on guns that passes Constitutional muster could equally be applied to a complete gun kit.

However, deciding that they are equivalent is the job of Congress, not the courts. And ESPECIALLY not the job of the bureaucracy.

Whether the restrictions themselves are Constitutional is a separate question, of course.