Supreme Court Upholds Regulation on Ghost Guns
The Supreme Court on Wednesday upheld a Biden administration regulation on the nearly impossible-to-trace weapons called ghost guns, clearing the way for continued serial numbers, background checks and age verification requirements for buying the kits online.
The 7-2 opinion found that existing gun laws allow regulation of the kits increasingly linked to crime. It comes after President Donald Trump ordered a review of federal gun policy that could undermine or reverse regulations championed by his predecessor.
What are Ghost Guns?
Sales of the homemade firearms grew exponentially as kits allowing for easy at-home building came into the market, Justice Neil Gorsuch wrote in the majority opinion. “Some home hobbyists enjoy assembling them. But criminals also find them attractive,” he said.
The number of ghost guns found at crime scenes around the country has also soared, according to federal data. Fewer than 1,700 were recovered by law enforcement in 2017, but that number grew to 27,000 in 2023, according to Justice Department data.
Impact of Ghost Guns
Ghost guns are any privately made firearms without the serial numbers that allow police to trace weapons used in crime. The 2022 regulation was focused on kits sold online with everything needed to build a functioning firearm — sometimes in less than 30 minutes, according to court documents.
Ghost guns have been used in high-profile crimes, including a mass shooting carried out with an AR-15-style ghost gun in Philadelphia that left five people dead. Police believe a ghost gun used in the slaying of UnitedHealthcare’s CEO in Manhattan was made on a 3D printer rather than assembled from a kit of the kind at the center of the Supreme Court case.
Regulation of Ghost Guns
Finalized at the direction of then-President Joe Biden, the “frame and receiver” rule requires companies to treat the kits like other firearms by adding serial numbers, running background checks and verifying that buyers are 21 or older.
Gun groups challenged the rule in court in the case known as Garland v. VanDerStok. Most crimes are committed with traditional firearms, not ghost guns, they argued. It’s legal for people to build their own firearms at home, the challengers said, arguing that the Bureau of Alcohol, Tobacco, Firearms and Explosives overstepped its authority by trying to regulate the kits.
Supreme Court Ruling
The Supreme Court majority disagreed, pointing out that the law gives the ATF the power to regulate items that can be quickly made into working firearms.
“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,” Gorsuch wrote, referring to a specific product.
Response to the Ruling
In response to the ruling, a Justice Department spokesperson said the administration would “continue to support and defend the Second Amendment rights of all Americans.”
Gun safety groups celebrated the ruling, with Everytown Law executive director Eric Tirschwell saying the rule also had broad support from law enforcement. “Fundamentally, today’s decision confirms the ghost gun industry is dead as a viable business model,” he said.
A Michigan woman whose son lost an eye when he was accidently shot by a friend who bought a ghost gun before he was old enough to legally buy a typical weapon also applauded. “We are deeply relieved by today’s ruling, which will help ensure that a tragedy like ours never happens again,” she said.
New Jersey Attorney General Matt Platkin said the ATF policy is a major factor in two years of record-low numbers of shootings in his state. “These are common-sense regulations on ghost guns that all too often end up in the hands of felons,” he said.
Conclusion
The Supreme Court’s ruling on ghost guns is a significant step towards regulating these untraceable firearms. The decision will help to prevent criminals from obtaining these guns and reduce the number of ghost guns found at crime scenes.
While some may argue that the regulation infringes on Second Amendment rights, the court’s decision makes it clear that the government has the authority to regulate items that can be quickly made into working firearms.
Frequently Asked Questions
Q: What are ghost guns? Ghost guns are homemade firearms that do not have serial numbers, making them difficult to trace.
Q: Why are ghost guns a concern? Ghost guns are often used in crimes and can be obtained by individuals who are not legally allowed to purchase firearms.
Q: What does the “frame and receiver” rule require? The rule requires companies to treat ghost gun kits like other firearms, adding serial numbers, running background checks, and verifying that buyers are 21 or older.
Q: How did the Supreme Court rule on ghost guns? The Supreme Court upheld the Biden administration’s regulation on ghost guns, allowing for continued regulation of these firearms.
Q: What is the impact of the Supreme Court’s ruling? The ruling will help to prevent criminals from obtaining ghost guns and reduce the number of ghost guns found at crime scenes.
