In a pivotal 7-2 decision, the U.S. Supreme Court upheld federal regulations targeting “ghost guns,” which are untraceable firearms assembled from kits.
The ruling, authored by Justice Neil Gorsuch, supported the Biden administration’s 2022 rule requiring serialization of parts and background checks for buyers. Gorsuch wrote that “The Gun Control Act embraced, and thus permitted ATF to regulate, some weapon parts kits and unfinished frames or receivers.”
The decision overturned a lower court ruling that had invalidated the regulation. Justices Clarence Thomas and Samuel Alito dissented, with Thomas arguing that “Congress could have authorized ATF to regulate any part of a firearm… But it did not.”
Law enforcement agencies reported a dramatic rise in ghost guns used in crimes, increasing from 1,600 in 2017 to over 19,000 in 2021. Advocates for the regulation viewed it as a necessary step to curb gun violence, while critics argued that it infringed on the rights of hobbyists and gun enthusiasts.
The Firearms Policy Coalition, a plaintiff in the case, stated that “This ruling set a dangerous precedent for overreach by federal agencies.”
As ghost guns became increasingly accessible, the ruling shaped future discussions on firearm regulations.
