SCOTUS Decision Supports Biden’s Controversial Ghost Gun Regulations

U.S. Supreme Court Building with flag and people outside.

In a significant 7-2 decision, the Supreme Court upheld Biden administration regulations requiring serial numbers and background checks for “ghost guns,” dealing a blow to gun rights advocates while addressing growing concerns about untraceable firearms used in crimes.

Quick Takes

The Supreme Court voted 7-2 to uphold regulations treating ghost gun kits as firearms requiring serial numbers and background checks.
Justice Neil Gorsuch wrote the majority opinion, with Justices Thomas and Alito dissenting.
The ruling focuses on the ATF’s regulatory authority rather than Second Amendment rights.
Ghost guns recovered from crime scenes increased from 1,700 in 2017 to 27,000 in 2023.
The regulation has been in effect since August 2022, with evidence suggesting it has reduced ghost gun prevalence in major cities.

Court Upholds Federal Authority Over Ghost Gun Kits

The Supreme Court ruled Monday that the Biden administration’s regulations on do-it-yourself firearm kits known as “ghost guns” can remain in effect. In a 7-2 decision, the Court determined that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has the authority to regulate weapon parts kits and unfinished frames or receivers under the federal Gun Control Act. The ruling maintains requirements that sellers of these kits include serial numbers on components and conduct background checks on purchasers, practices standard for commercial firearms, but previously avoided with ghost gun kits.

Justice Neil Gorsuch wrote the majority opinion, joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson. Justices Clarence Thomas and Samuel Alito dissented, with Thomas writing that the Court “blesses the government’s overreach based on a series of errors.”

Rising Concern Over Untraceable Firearms

Ghost guns have become increasingly problematic for law enforcement in recent years. These privately manufactured firearms lack serial numbers, making them difficult to trace when recovered from crime scenes. According to data cited in the case, ghost guns recovered by law enforcement skyrocketed from fewer than 1,700 in 2017 to approximately 27,000 by 2023. The firearms have been used in high-profile crimes, including mass shootings and targeted killings, adding urgency to regulatory efforts to bring them under control.

The 2022 rule updated the 1968 Gun Control Act to explicitly include “buy build shoot” kits within the definition of firearms. The regulation doesn’t ban these kits outright but requires manufacturers and sellers to obtain federal licenses, mark products with serial numbers, conduct background checks on purchasers, and maintain records—essentially treating them like traditional firearms. Since implementation, major cities including New York, Los Angeles, Philadelphia, and Baltimore have reported stabilization or decreases in ghost gun recoveries.

Legal Challenge and Implications

The case, Garland v. VanDerStok, reached the Supreme Court after a federal appeals court had previously struck down the updated rules. Gun rights groups argued the regulation was unconstitutional, claiming ghost gun kits are “non-firearm objects” that shouldn’t be subject to the same regulations as completed firearms. However, the majority determined that the Gun Control Act’s language gives the ATF authority to regulate these items when they’re designed to be readily converted into working firearms.

Notably, the case focused on regulatory authority rather than Second Amendment rights. The Court has previously issued rulings supporting gun rights, including striking down a federal ban on bump stocks and expanding the individual right to bear arms. Observers note that while this decision represents a victory for the Biden administration, a potential Trump administration could seek to rescind the rule through normal administrative procedures. Since implementation, manufacturing of miscellaneous gun parts has reportedly dropped by 36% overall.