Supreme Court Greenlights Federal Ban on ‘Ghost Guns’

Ghost guns are privately made firearms lacking serial numbers, complicating crime investigations. On Wednesday, the Supreme Court upheld a Biden administration regulation aimed at these difficult-to-trace weapons, affirming the mandate for serial numbers, background checks, and age verification for online kit purchases.

The 7-2 ruling confirmed that existing gun laws empower regulation of these kits, which are increasingly associated with criminal activities. This decision arrives in the wake of President Donald Trump’s previous calls to reassess federal gun policies, potentially challenging regulations instituted under his successor.

Justice Neil Gorsuch noted the exponential growth in sales of these firearms, emphasizing their appeal not only to hobbyists but also to criminals. Federal data shows a staggering rise in ghost guns recovered at crime scenes, from fewer than 1,700 in 2017 to approximately 27,000 in 2023.

Interestingly, following the implementation of the federal regulation, ghost gun numbers appear to have stabilized or decreased in major cities such as New York, Los Angeles, and Philadelphia. The Justice Department reports a 36% overall drop in the manufacturing of various gun parts.

The 2022 regulation specifically targets kits sold online that allow individuals to build functioning firearms, sometimes in under 30 minutes. Notably, ghost guns have been implicated in several high-profile crimes, including a mass shooting in Philadelphia and the fatal shooting of a hospital CEO in Manhattan.

Under the “frame and receiver” rule established during Biden’s presidency, sellers must treat these kits like traditional firearms, requiring serial numbers, background checks, and age verification for buyers. This regulation faced legal challenges in the case known as Garland v. VanDerStok, where opponents argued it exceeded the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) authority.

The Court’s majority found that the law does indeed give the ATF the jurisdiction to regulate rapidly convertible items into working firearms. Gorsuch pointed out that certain kits could be “readily converted” with minimal effort, thereby falling under ATF regulation.

Gun safety advocates welcomed the ruling, asserting that it signals a significant setback for the ghost gun industry. Eric Tirschwell of Everytown Law emphasized the rule’s support from law enforcement, suggesting it could mark the end of ghost guns as a viable market product. Victims of ghost gun incidents, such as a Michigan woman whose son was seriously injured, also expressed relief in response to the decision, viewing it as a protective measure against future tragedies.

New Jersey Attorney General Matt Platkin stated that the ATF policy has played a pivotal role in achieving record-low shooting numbers in the state, underscoring the importance of these regulations in keeping firearms out of the hands of felons.

The Supreme Court, while increasing Second Amendment rights in previous decisions, has also signaled its willingness to enforce modern regulations. In dissent, Justice Clarence Thomas argued that the ghost gun rule should be rejected, suggesting that the kits are merely firearm parts and should not be subjected to broader regulatory measures.

This ruling represents a significant moment in the ongoing debate over gun control and public safety in the United States.