WASHINGTON — On Wednesday, the Supreme Court ruled in favor of maintaining the Biden administration’s regulation concerning ghost guns, supporting requirements like serial numbers, background checks, and age verification for purchasing such kits online. The 7-2 decision clarified that existing gun laws extend to regulating these kits, which have seen increasing use in criminal activities.
The issue of ghost guns surged following a directive from President Donald Trump, ordering a review of federal gun policies that could potentially challenge or overturn previous regulations. Justice Neil Gorsuch noted in the majority opinion that while assembling these firearms is a hobby for some, they are particularly appealing to criminals as well.
Federal data indicates a drastic rise in ghost guns found at crime scenes, increasing from fewer than 1,700 in 2017 to 27,000 in 2023. However, since the enforcement of the federal rule, these numbers have stabilized or dropped in cities like New York, Los Angeles, Philadelphia, and Baltimore. The production of various gun parts has also decreased by 36%, according to the Justice Department.
Ghost guns, or privately manufactured firearms lacking serial numbers for tracing, were targeted by a 2022 regulation aimed at kits sold online that contain all parts necessary to construct a working firearm swiftly. These guns have been used in several high-profile crimes, including a mass shooting in Philadelphia and the alleged killing of a CEO in Manhattan using a 3D-printed weapon.
The Biden administration’s “frame and receiver” rule mandates that companies treat these kits the same as other firearms, requiring serial numbers and checks on buyers to ensure they are at least 21 years old. Although gun advocacy groups opposed this rule, arguing that most crimes are committed with traditional guns, the Supreme Court upheld it. The Court’s majority concluded that the law permits the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to regulate items that can quickly become operational firearms.
Justice Gorsuch pointed out that the “Buy Build Shoot” kit could be “readily converted” into a firearm without specialized skills or tools. Despite some kits taking longer to assemble — thus potentially evading ATF’s regulatory authority — many popular kits fall under the regulation’s purview.
Following the ruling, a spokesperson for the Justice Department reaffirmed the administration’s commitment to protecting Second Amendment rights. Gun safety organizations hailed the decision, with Everytown Law’s executive director asserting that the ghost gun industry would no longer thrive. A Michigan mother, whose son was injured by a ghost gun bought illegally by a minor, expressed relief, stating this ruling would prevent similar tragedies.
New Jersey Attorney General Matt Platkin credited the ATF’s policy with contributing to record-low shooting incidents in the state. He emphasized the importance of these sensible regulations in keeping ghost guns out of the wrong hands.
Previously, the Supreme Court had broadened Second Amendment rights, ruling that modern gun regulations require historical justification, and struck down a ban on bump stocks — a Trump-era regulation. In dissent, Justice Clarence Thomas argued that the same disapproval should apply to the ghost gun rule, asserting that the kits are merely parts and should not be regulated in a manner that might extend to other widely used gun configurations. Justice Samuel Alito also dissented with his own argument.