The Supreme Court upheld a Biden administration regulation concerning ghost guns, which are firearms that can be assembled at home and lack serial numbers, making them difficult to trace. The ruling, delivered in a 7-2 opinion, confirmed that existing gun laws permit the regulation of these kits, which have been increasingly associated with criminal activity.
Justice Neil Gorsuch, who wrote the majority opinion, noted that the popularity of ghost gun kits has surged, attracting both hobbyists and criminals. Federal data indicates a significant rise in the recovery of ghost guns at crime scenes—from fewer than 1,700 in 2017 to approximately 27,000 in 2023. However, following the implementation of the regulation, which mandates serial numbers, background checks, and age verification for online purchases of these kits, incidences of ghost guns in major cities appear to have stabilized or decreased.
The 2022 regulation requires that companies treat ghost gun kits similarly to traditional firearms, addressing concerns about their use in serious crimes, including notable mass shootings. In the court case Garland v. VanDerStok, gun rights advocates argued that the regulation infringed on individuals' rights to build their own firearms and that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had overstepped its authority. The Supreme Court majority, however, maintained that the law grants the ATF the power to regulate items that can be quickly converted into functional firearms.
In dissent, Justice Clarence Thomas contended that the kits should be classified as firearm parts, suggesting that the ruling could pave the way for broader regulations on various firearms. The court's decision reflects a continued dialogue on gun regulations and Second Amendment rights in the United States.