Supreme Court backs Biden's ghost gun regulation
A significant legal battle over untraceable firearms reaches its conclusion at the nation's highest court.
According to AP News, the Supreme Court delivered a 7-2 ruling Wednesday upholding Biden administration regulations requiring serial numbers, background checks, and age verification for ghost gun kit purchases.
The ruling represents a decisive victory for gun control advocates and law enforcement officials who have long warned about the rising threat of untraceable firearms.
Justice Neil Gorsuch, writing for the majority, acknowledged the dual nature of these weapons - while some enthusiasts legally build them as a hobby, criminals increasingly exploit their anonymity. The decision affirms the Bureau of Alcohol, Tobacco, Firearms and Explosives' authority to regulate gun kits that can be readily converted into working firearms.
Dramatic rise in ghost gun crime rates
Federal data reveals an alarming surge in ghost gun recoveries at crime scenes nationwide. Law enforcement encountered fewer than 1,700 such weapons in 2017, but that number skyrocketed to 27,000 by 2023.
These untraceable firearms have been linked to numerous high-profile crimes, including a devastating mass shooting in Philadelphia where an AR-15-style ghost gun claimed five lives. More recently, investigators believe a 3D-printed ghost gun was used in the murder of UnitedHealthcare's CEO in Manhattan.
The Justice Department reports encouraging signs since implementing the regulations. Several major cities, including New York, Los Angeles, Philadelphia, and Baltimore, have seen ghost gun numbers stabilize or decline. Additionally, overall manufacturing of miscellaneous gun parts has decreased by 36 percent.
The federal rule, enacted in 2022 under Biden's direction, specifically targets online sales of complete weapon-building kits. These packages often enable buyers to assemble functioning firearms in less than 30 minutes.
Legal challenge and Supreme Court reasoning
Gun rights groups mounted opposition through the case Garland v. VanDerStok, contending that most crimes involve traditional firearms rather than ghost guns.
They argued that since home firearm construction remains legal, the ATF exceeded its authority by regulating these kits.
Justice Gorsuch, speaking for the majority, addressed this argument directly:
The 'Buy Build Shoot' kit can be 'readily converted' into a firearm too, for it requires no more time, effort, expertise, or specialized tools to complete
While acknowledging that some more complex kits might fall outside ATF jurisdiction, the court determined many popular offerings warrant regulation. Justice Clarence Thomas, in his dissent, warned that the ruling could enable broader weapon restrictions:
Congress could have authorized ATF to regulate any part of a firearm or any object readily convertible into one. But, it did not.
Stakeholder reactions and policy impact
Gun safety organizations celebrated the decision as a death knell for the ghost gun industry. Eric Tirschwell, executive director of Everytown Law, emphasized broad law enforcement support for the regulations.
New Jersey Attorney General Matt Platkin credited the ATF policy for helping achieve record-low shooting numbers in his state over two years.
The ruling carries particular weight given the court's recent history of expanding Second Amendment protections. Previously, the justices established that modern gun regulations must align with historical traditions and struck down Trump-era restrictions on bump stocks that enable rapid fire.
Final ruling shapes ghost gun landscape
The Supreme Court's 7-2 decision preserves crucial regulations requiring serial numbers, background checks, and age verification for ghost gun kit purchases. The ruling specifically addresses online sales of weapon-building kits that can be readily converted into functioning firearms.
This landmark case balances Second Amendment rights with public safety concerns, upholding the ATF's authority to regulate easily assembled weapon kits while potentially excluding more complex builds from oversight.
Justice Thomas and Alito's dissents highlight ongoing debates about the scope of federal firearm regulation, even as cities report declining ghost gun numbers under the existing rules.