On Wednesday, the Supreme Court upheld a significant regulation imposed by the Biden administration on a new category of firearms known as ghost guns. This ruling maintains the requirement for serial numbers, mandatory background checks, and age verification for purchasing ghost gun kits online.

Details of the Ruling

The majority opinion, authored by Justice Neil Gorsuch, was supported by seven justices, while Justices Clarence Thomas and Samuel Alito dissented. The rise in ghost gun sales has been alarming, primarily due to the easy availability of kits that allow individuals to assemble these firearms at home.

Justice Gorsuch noted that while some individuals enjoy assembling ghost guns as a hobby, they have also become a favored option for criminals. The evidence underscores this growing concern: the number of ghost guns recovered at crime scenes surged from under 1,700 in 2017 to over 27,000 in 2023, as reported by federal data.

Impact of the Regulation

Despite the exponential growth in ghost gun sales, recent statistics suggest that the enforcement of the federal regulation has led to a stabilization or even decline of ghost gun incidents in major cities, including New York, Los Angeles, Philadelphia, and Baltimore. The Justice Department additionally reported a 36% decrease in the manufacturing of miscellaneous gun parts since the rule was finalized.

Understanding Ghost Guns

Ghost guns refer to privately made firearms that lack the serial numbers necessary for law enforcement to trace them. The 2022 regulation specifically targets kits that enable individuals to create a functioning firearm—often in under 30 minutes—using readily available components.

These firearms have been implicated in several high-profile crimes, including a mass shooting in Philadelphia involving an AR-15-style ghost gun that resulted in five fatalities. In another case, law enforcement suspects that a ghost gun used in a homicide case involving UnitedHealthcare’s CEO was manufactured using a 3D printer.

Background of the Legal Challenge

The regulation faced legal challenges from various gun advocacy groups in the case of Garland v. VanDerStok. The challengers contended that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority and insisted that most gun crimes are committed with traditional firearms. However, the Supreme Court reaffirmed the ATF’s power to regulate items that can be quickly converted to functional firearms, citing that the assembly of a “Buy Build Shoot” kit requires minimal effort or expertise.

Comparison to Previous Regulations

This ruling comes on the heels of the Court’s earlier nullification of a firearm rule established during Donald Trump’s administration, specifically targeting bump stocks that facilitate rapid firing. The current decision reflects an ongoing judicial scrutiny of firearm regulations.