In a major legal victory for the Biden administration, the Supreme Court ruled 7-2 on Wednesday that untraceable “ghost guns” can be regulated under federal law, requiring background checks and other restrictions. The decision overturned a lower court ruling and reaffirmed the government’s authority to regulate firearm parts kits.
Writing for the majority, Justice Neil Gorsuch stated that the Gun Control Act allows regulation of certain weapon components, such as unfinished frames and receivers. Justices Clarence Thomas and Samuel Alito dissented, with Thomas arguing that the ruling “blesses the Government’s overreach.”
Gun rights advocates, who had challenged the regulation, argue that the rule primarily impacts hobbyists rather than criminals. However, the federal government has cited a surge in ghost guns used in crimes, prompting the 2022 regulatory move by President Joe Biden.
Ghost guns, often sold in easy-to-assemble kits online, lack serial numbers and transfer records, making them difficult to trace. Police recoveries of these weapons skyrocketed from 1,600 in 2017 to more than 19,000 in 2021, raising concerns among law enforcement officials.
The case focused not on the Second Amendment, but on whether ghost gun kits fall under the Gun Control Act of 1968, which defines a firearm as “any weapon… designed to or may readily be converted to expel a projectile” and includes frames or receivers.
The conservative-leaning 5th U.S. Circuit Court of Appeals had ruled against the administration, asserting that only Congress could change the law. However, during oral arguments, Chief Justice John Roberts questioned the idea that assembling a gun from a kit required significant craftsmanship, stating, “He really wouldn’t think that he’s built that gun, would he?”
Solicitor General Elizabeth Prelogar argued that if firearms could be exempted by leaving just one hole undrilled, “all guns could become ghost guns.”
While Gorsuch acknowledged that some kits requiring specialized tools might not fall under the regulation, he concluded that the challengers’ broad claim that such kits can never be regulated was incorrect. “To resolve this case, it is enough to say those assessments are mistaken,” he wrote.
The ruling ensures that the Biden administration’s ghost gun regulation remains in effect, though future administrations, such as a potential Trump presidency, could seek to repeal it. The case, Garland v. VanDerStok, marks another pivotal decision in the ongoing national debate over gun control and public safety.
Keep up with Supreme Court updates with us on Que Onda Magazine.
