On Tuesday, the U.S. Supreme Court indicated a readiness to uphold a 2022 regulation introduced by President Joe Biden’s administration aimed at regulating “ghost guns,” which are largely untraceable firearms increasingly linked to criminal activities across the nation. The justices listened to arguments in the administration’s appeal against a lower court ruling that determined the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had exceeded its authority in implementing the rule that governs components and kits for ghost guns.
These kits, often available for purchase online, can be assembled at home without the serial numbers typically used for gun traceability or the background checks required for conventional firearms. Plaintiffs, including parts manufacturers, gun owners, and gun rights advocates, filed suit in federal court in Texas to block the regulation.
During the hearings, the justices appeared receptive to the regulation’s scope and limitations, despite the court’s 6-3 conservative majority. The regulation clarifies that kits and components fall under the definition of “firearm” as per the 1968 Gun Control Act.
Chief Justice John Roberts questioned the rationale behind selling unfinished firearm components, asking the attorney for the challengers, Peter Patterson, about the purpose of an incomplete frame or receiver. Patterson argued that hobbyists enjoy building their own firearms, similar to those who work on cars. Roberts countered, suggesting that drilling a couple of holes does not offer the same satisfaction as car repairs.
U.S. Solicitor General Elizabeth Prelogar defended the regulation, arguing that the ghost gun market primarily attracts individuals prohibited from legally acquiring firearms, including minors and those with prior violent convictions. She stated, “What the evidence shows is that these guns were being purchased and used in crime. They were sold to be crime guns.”
The regulation mandates that manufacturers of firearm kits and parts, such as partially completed frames, must affix serial numbers to their products, secure licenses, and conduct background checks, mirroring requirements for commercially manufactured firearms. Prelogar highlighted that these regulations have been successfully followed by the industry for over half a century and are crucial for addressing gun crimes and preventing access to firearms by minors and felons.
Despite this, Prelogar noted that some companies have attempted to evade these requirements by marketing easily assembled firearm kits that need minimal effort to become functional. She emphasized the alarming rise in crimes committed with ghost guns.
During the proceedings, several conservative justices probed Prelogar regarding the language underpinning the rule, particularly the definition of “weapon.” Justice Samuel Alito presented an analogy involving ingredients for a western omelet, questioning whether individual components could themselves be categorized as a weapon. Prelogar clarified that the kits are explicitly designed as combat instruments with no other legitimate use.
In 2023, Judge Reed O’Connor from Fort Worth, Texas, invalidated the rule, claiming that the ATF had unlawfully “rewritten the law” without congressional authorization. The 5th U.S. Circuit Court of Appeals subsequently upheld O’Connor’s ruling. However, the Supreme Court reinstated the regulation while the administration pursued its appeal.
In June, the Supreme Court rejected a separate federal rule banning “bump stocks,” which allow semiautomatic firearms to fire rapidly. The United States, which has the highest gun ownership rate globally, remains deeply divided over approaches to tackle firearm violence, including frequent mass shootings. The Supreme Court has issued several significant rulings since 2008 that have expanded gun rights, including a 2022 decision affirming that the U.S. Constitution protects an individual’s right to carry a handgun in public for self-defense.
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