Supreme Court Decision Supports Biden’s Ghost Gun Regulation Rules

United States Supreme Court building with American flag

The Supreme Court delivers a significant blow to ghost gun manufacturers by upholding Biden administration regulations requiring serial numbers and background checks for these previously untraceable weapons.

Key Takeaways

The Supreme Court upheld the Biden administration’s ghost gun regulations in a decisive 7-2 ruling, with only Justices Thomas and Alito dissenting.
Ghost guns – privately made firearms without serial numbers – will now require serial numbers and buyers must undergo background checks.
Recovery of ghost guns at crime scenes had skyrocketed from fewer than 1,700 in 2017 to more than 27,000 in 2023 before the regulation.
Since implementation, major cities have reported stabilization or decline in ghost gun recoveries.
The ATF’s authority to regulate these weapons stems from the 1968 Gun Control Act which defines firearms as weapons that can be “readily converted” into functional firearms.

Supreme Court Delivers Decisive Ruling on Ghost Guns

In a major decision affecting gun ownership and regulation in America, the Supreme Court has upheld Biden administration rules requiring serial numbers and background checks for so-called “ghost guns.” The 7-2 ruling affirms the government’s authority to regulate these previously untraceable weapons under existing firearms laws. Justice Neil Gorsuch authored the majority opinion, while Justices Clarence Thomas and Samuel Alito dissented. The decision represents a significant victory for the Biden administration’s efforts to curb the proliferation of these weapons, which have increasingly been linked to criminal activity.

Ghost guns are privately manufactured firearms that lack serial numbers, making them virtually impossible for law enforcement to trace. Before this regulation, these weapons could be purchased without background checks, often anonymously online using cryptocurrency or pre-paid debit cards. Under the now-upheld rule, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) classified ghost gun kits as firearms subject to federal regulation, requiring serial numbers and background checks for buyers – just like traditionally manufactured firearms.

The Supreme Court upholds the ATF’s rule from the Biden administration restricting ghost guns.

Ruling was 7-2 with Neil Gorsuch delivering the opinion. Alito and Thomas dissent. pic.twitter.com/erregtvDJX

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The Legal Battle Over Firearm Definitions

At the heart of the case was whether ghost gun kits constitute “firearms” under the 1968 Gun Control Act. The law defines firearms as any weapon that can be “readily converted” into a functional firearm. The government successfully argued that ghost gun kits, which can be assembled into working weapons in approximately 30 minutes, meet this definition. Manufacturers of these kits challenged the regulation, claiming that an unassembled collection of parts should not qualify as a weapon. The conservative 5th Circuit Court of Appeals in Louisiana initially struck down the ATF rule, but the Supreme Court’s decision has now definitively settled the matter.

The Supreme Court had previously allowed the regulation to remain in effect while the legal challenge proceeded through the courts. This contrasts with the Court’s recent decision to strike down a Trump administration regulation banning bump stocks. Gun rights advocates have criticized the ATF for what they view as overreach, arguing that the bureau exceeded its regulatory authority by effectively redefining what constitutes a firearm – a power they contend belongs solely to Congress.

Impact on Crime and Public Safety

Law enforcement officials have long expressed concern about the rising prevalence of ghost guns at crime scenes. Before the regulation, ghost guns recovered at crime scenes increased dramatically, from fewer than 1,700 in 2017 to over 27,000 in 2023. The weapons became particularly problematic because they allowed individuals who would otherwise be prohibited from purchasing firearms to acquire deadly weapons without undergoing background checks or creating a paper trail that could aid criminal investigations.

Since the implementation of the regulation, data indicates that ghost gun recoveries have stabilized or even declined in major metropolitan areas including New York, Los Angeles, Philadelphia, and Baltimore. This suggests the rule may already be having its intended effect of reducing the availability of these weapons to criminals. The decision ensures these regulations will remain in place, potentially helping law enforcement maintain this positive trend while providing them with valuable investigative tools when ghost guns are recovered at crime scenes.