Supreme Court Upholds Biden's 'Ghost Gun' Regulation

The U.S. Supreme Court upheld a Biden administration rule regulating "ghost guns," allowing the ATF to impose the same restrictions as on commercial firearms. The decision, which Justices Thomas and Alito opposed, aims to address the surge in crimes involving these untraceable firearms.

Majority Opinion by Justice Gorsuch

Justice Gorsuch emphasized that the rule does not violate federal firearms law and cited the Gun Control Act of 1968 as permitting regulation of weapon parts kits and unfinished frames or receivers. By defining "firearm" to encompass weapon parts kits, the rule subjects ghost gun manufacturers and sellers to the same legal obligations as licensed commercial gun makers.

Impact on Ghost Gun Crimes

The regulation seeks to mitigate the rise in crimes committed with ghost guns, which can be easily assembled from parts available online or via 3D printing. Those involved in criminal activities often prefer ghost guns because they lack serial numbers and transfer records, making them difficult for law enforcement to trace.

Concerns and Implications

Justice Thomas criticized the majority for broadening the scope of regulation beyond what Congress authorized. However, the Justice Department argued that the measure has successfully curtailed ghost gun-related crimes and that major U.S. cities reported a decline in ghost gun recoveries.

David Pucino, deputy chief counsel at Giffords Law Center, expressed satisfaction with the court's ruling, emphasizing the importance of treating ghost guns as firearms to promote public safety. The Biden administration argued that the regulation has significantly reduced the availability and use of ghost guns, leading to a decrease in their involvement in criminal activities.