Supreme Court upholds Biden-era ghost gun rule
The recent decision by the Supreme Court to uphold a Biden administration rule regulating ghost guns has been met with both praise and criticism. The ruling, which was passed by a 7-2 majority, allows the Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce regulations on unserialized firearms known as ghost guns. Justices Clarence Thomas and Samuel Alito dissented from the majority opinion, while Justice Neil Gorsuch authored the opinion in favor of the rule.
The case did not involve the Second Amendment but focused on whether the ATF had the authority to subject ghost guns to the same regulations as commercial firearms. The rule, issued in 2022, aimed to address the rise in crimes involving ghost guns, which can be assembled from kits or parts available online without serial numbers or transfer records.
In his opinion, Justice Gorsuch highlighted the ease with which a “Buy Build Shoot” weapon parts kit from Polymer80 could be assembled into a functional firearm. He emphasized that the intended purpose of the kit was clear, despite requiring some assembly, and argued that it qualified as a weapon under the Gun Control Act of 1968.
However, dissenting Justice Thomas criticized the majority for overreaching and reinterpreting the law to regulate weapon parts kits. He argued that Congress did not give ATF the authority to regulate such kits and that the court’s decision was based on errors.
Gun violence prevention groups welcomed the Supreme Court’s decision, calling it a victory for public safety. They praised the ruling for treating ghost guns as firearms and subjecting manufacturers and sellers to the same requirements as commercial gun makers.
The Biden administration had appealed a lower court ruling that struck down the regulation, arguing that it was necessary to prevent individuals who are prohibited from owning firearms from obtaining untraceable ghost guns. The rule redefined the term “firearm” to include weapon parts kits that could be assembled into operational weapons in less than 30 minutes.
While the court’s decision was seen as a win for gun control advocates, the majority emphasized that there are limits to the ruling. Not all weapon parts kits would qualify as regulated firearms, and the decision did not address the full extent of the law’s reach.
Overall, the Supreme Court’s decision to uphold the Biden administration’s rule on ghost guns marks a significant step in addressing the proliferation of unserialized firearms and enhancing public safety. The regulation has been credited with reducing the use of ghost guns in major cities and collapsing the market for these untraceable weapons.
