Supreme Court Upholds Biden-Era Rule On Regulation Of "Ghost Guns"
The U.S. Supreme Court has upheld a Biden administration rule on federal regulation of so-called “ghost guns” which are unserialized parts or kits that can be assembled into completed firearms.
The 7-2 decision on Wednesday was written by Justice Neil Gorsuch and upholds the rule for continued regulation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as well as opening the door to requiring background checks and age verification in order to purchase the kits.
Gun control advocates and regulators have been strongly opposed to the kits, which some have dubbed as “ghost guns” due to the fact that they allowed buyers to complete the assembly of the firearm at home without having to make the purchase through a federally licensed dealer.
Supporters of gun control have claimed that the firearms are nearly untraceable, making it more difficult for law enforcement to connect them to a specific individual.
In the ruling, Gorsuch wrote, “Some home hobbyists enjoy assembling them. But criminals also find them attractive.”
According to the Associated Press, the rule passed under the Biden administration requires companies to treat the kits like other firearms by adding serial numbers, running background checks and verifying that buyers are age 21 or older.
Sellers of the parts kits had challenged the rule, arguing that a collection of parts was not a firearm and therefore was not subject to the Gun Control Act of 1968.
The 5th Circuit Court of Appeals based in Louisiana agreed with them and struck down the ATF ghost gun rule.
Today’s ruling overturned that 5th Circuit decision.
Second Amendment advocates are expressing disappointment at the decision but also acknowledge that in the era of 3D printing, federal regulators are facing an increasingly impossible task when it comes to gun control.