Biden-era ‘ghost gun’ regulation upheld in Supreme Court opinion

The U.S. Supreme Court upheld the Biden administration’s regulation of “ghost guns” in a 7-2 vote on Wednesday. Justice Neil Gorsuch wrote the opinion, joined by Chief Justice John Roberts, as well as Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson. Justices Clarence Thomas and Samuel Alito dissented.

Ghost guns are do-it-yourself functional weapons that are often purchased online and marketed as easy to assemble. The Justice Department reported that more than 19,000 hard-to-trace ghost guns were seized by law enforcement in 2021, a significant increase over five years. This surge in ghost guns is attributed to technological advances, with many containing polymer-based unassembled firearm components.

The issue at hand was whether these devices meet the federal definition of a “firearm” and “frame and receiver,” and whether the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overstepped its authority in regulating their sale. The majority opinion found that the Gun Control Act permits the ATF to regulate certain weapon parts kits and unfinished frames or receivers.

The Gun Control Act defines a “firearm” to include any weapon designed to expel a projectile by the action of an explosive, as well as the frame or receiver of such a weapon. The Court’s decision reverses a federal appeals court ruling that struck down the updated rules after a legal challenge from kit sellers and buyers.

Gun rights groups argue that the rule is unconstitutional and abusive, claiming that ghost gun kits consist of non-firearm objects. However, the administration clarified that it is not seeking to ban the sale or use of these kits, but rather to require them to comply with the same requirements as other commercial firearms dealers, including serial numbers and background checks on purchasers.

The ATF’s rule requires unfinished firearm parts, such as handgun frames or long gun receivers, to be treated like completed firearms, with serial numbers and background checks. The ruling is part of the ongoing debate over Second Amendment rights, with the Court revisiting gun regulations in recent years.

In conclusion, the Supreme Court’s decision to uphold the regulation of ghost guns is a significant step towards addressing the proliferation of untraceable firearms. By requiring these kits to comply with existing firearms regulations, the administration aims to enhance public safety while upholding the Second Amendment rights of law-abiding citizens.