On Wednesday, the Supreme Court upheld federal regulations pertaining to “ghost guns,” which are mail-order kits allowing individuals to construct untraceable weapons at home. This ruling marked a significant win for gun control advocates in a typically conservative high court.
Justice Neil Gorsuch led a 7-2 majority, comprising justices from both liberal and conservative factions, in delivering the opinion for one of the most closely monitored cases of the year. Gorsuch emphasized the ease with which these kits can be turned into functional firearms, highlighting the immediate combat potential inherent in their design.
The regulations, instated by the Biden administration in 2022, mandated that ghost gun manufacturers include serial numbers on the kits and conduct background checks on buyers. This move by the Bureau of Alcohol, Tobacco, Firearms and Explosives was in response to the rising prevalence of untraceable weapons at crime scenes.
Gorsuch pointed out the evolution in gun manufacturing, underscoring how technological advancements have made it feasible for individuals to create firearms from home. The proliferation of 3D printing and modern materials has revolutionized the landscape, enabling the sale of kits that can be assembled into operational weapons.
Although not a Second Amendment issue, the case resonated with the court’s conservative majority as it has recently leaned towards stricter stances on gun laws. While the court had previously overturned a ban on bump stocks, the handling of this case signaled a potential shift in perspectives. Notably, the justices had already indicated their alignment with the Biden administration by upholding the regulations through an emergency ruling.
The 1968 Gun Control Act requires background checks, sales records, and serial numbers on firearms. The ATF, under the Biden administration, determined that these requirements extend to ghost gun kits due to their ability to swiftly transform into functional weapons. This ruling does not prohibit the sale or ownership of the kits but mandates background checks and serial numbers for buyers.
Ghost guns refer to kits that allow individuals to assemble their own firearms, evading traditional regulations and oversight.
A user can purchase online parts to build a fully functional firearm at home. Critics argue that these “ghost guns” appeal to individuals who are prohibited from buying firearms because they bypass background checks and lack serial numbers.
According to David Pucino, legal director of the Giffords Law Center, “Ghost guns are the gun industry’s way of evading sensible gun laws and providing weapons to dangerous individuals without proper screening.” Pucino expressed satisfaction with the Supreme Court’s decision to uphold the ATF rule categorizing ghost guns as firearms.
In dissent, Conservative Justice Clarence Thomas criticized the majority for endorsing government overreach, interpreting the federal law more narrowly to exclude unfinished frames and receivers from regulation.
The Firearms Policy Coalition, a gun rights group contesting the ATF rule, expressed disappointment with the court’s ruling, calling it misguided and part of a broader battle over government authority and Second Amendment rights.
During oral arguments, the court’s justices showed skepticism towards the notion that the gun kits were intended for hobbyist gunsmiths. Chief Justice John Roberts dismissed the idea, emphasizing that assembling these kits was not akin to working on classic cars and appeared to be accessible to most individuals.
Advocacy groups and kit manufacturers sued, arguing that the regulations were unwarranted as the kits were merely parts, not weapons. A district court in Texas invalidated the rule, a decision mostly upheld by the conservative 5th Circuit Court of Appeals.
