Washington — On Wednesday, the Supreme Court affirmed a rule from the Biden administration that regulates unserialized firearms known as ghost guns, marking a positive outcome for federal initiatives aimed at reducing gun violence.
The court ruled with a 7-2 decision, determining that the regulation from the Bureau of Alcohol, Tobacco, Firearms and Explosives does not conflict with federal firearms law on its face. Dissenting in the case were Justices Clarence Thomas and Samuel Alito, with Justice Neil Gorsuch writing the majority opinion.
“The GCA includes and consequently allows the ATF to regulate certain weapon parts kits and unfinished frames or receivers, including those we have discussed,” Gorsuch stated, referencing the Gun Control Act of 1968.
The Supreme Court’s case did not directly address the Second Amendment, focusing instead on whether the Bureau of Alcohol, Tobacco, Firearms and Explosives overstepped its authority when it imposed the same regulations on ghost guns as it does on commercial firearms.
This ruling follows a previous Supreme Court decision that invalidated a regulation established during Trump’s first term, which banned bump stocks—devices that enhance a firearm’s firing rate. It remains uncertain whether President Trump will uphold this regulation or take steps to revoke it.
The court was reviewing an appeal from the Biden administration contesting a lower court’s ruling that had invalidated the guideline.
Issued in 2022, the regulation aimed to tackle the increasing number of crimes involving ghost guns, which can be constructed using 3D printers or accessible kits and parts purchased online. These firearms lack serial numbers or transfer records, complicating law enforcement efforts to trace them and posing a risk to individuals prohibited from legally purchasing firearms.
The rule redefined “firearm” in the Gun Control Act of 1968 to encompass a weapon parts kit that can be assembled into a functioning firearm in under 30 minutes, along with the incomplete frame of a handgun or the receiver of a rifle.
By bringing these kits under regulatory scrutiny via the longstanding law, the rule subjects ghost gun manufacturers and sellers to the same legal obligations as traditional gun manufacturers, which includes obtaining licenses, affixing serial numbers to their products, keeping certain records, and conducting background checks for buyers.
Shortly before the regulation was to take effect, gun enthusiasts, advocacy organizations, and parts kit manufacturers challenged it in federal court, asserting that the ATF lacked the authority to redefine “firearm” to include weapon part kits.
A federal district court judge along with a panel from the U.S. Court of Appeals for the 5th Circuit invalidated the rule, concluding that Congress had not granted the ATF the power to regulate kits under the Gun Control Act.
The Biden administration cautioned the Supreme Court that if the rule were to be nullified, it could enable minors, criminals, and others barred from gun ownership to acquire kits that could be quickly assembled into untraceable, functional firearms.
The Justice Department indicated that the measure has been effective in addressing the rise in crimes committed with ghost guns, reporting a substantial decline in the market for these weapons since the rule was enacted nearly two years ago.
A coalition of major U.S. cities also reported that the regulation has successfully curbed the use of ghost guns within their jurisdictions. New York City saw a decrease in ghost gun recoveries in 2023, the first reduction in four years, while Baltimore reported a drop for the first time since 2019.
Earlier in the legal proceedings relating to the Biden administration’s rule, the Supreme Court permitted the ATF to enforce the requirements until a decision was reached.
