The US Supreme Court on Wednesday upheld Biden-era federal regulations on “ghost guns,” or mail-order kits that allow people to build untraceable weapons at home, handing gun control groups a rare win at the conservative high court.
Justice Neil Gorsuch delivered the court’s opinion, joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Ketanji Brown Jackson. The court held that the Gun Control Act of 1968 (GCA) covers some weapon parts kits and unfinished frames or receivers.
The court found that “ghost guns” fit within the definition of a “weapon,” stating:
(1) artifact nouns like ‘weapon’ often describe unfinished objects when their intended function is clear, as with a disassembled rifle; (2) the statute treats starter guns as weapons though they require conversion work; and (3) the statutory text contemplates that some things short of fully operable firearms qualify as ‘weapons.’ … [I]t requires no more time, expertise, or specialized tools to complete than a starter gun, which the statute treats as readily convertible into a functioning firearm.
The GCA mandates federal licenses, record-keeping, background checks, and serial numbers for firearms. In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a rule to include weapon parts kits and unfinished frames or receivers under the GCA. The court’s ruling will prevent the ATF from enforcing the rule.
The decision is a major win for gun control groups like Brady, whose president Kris Brown released the following statement:
Today represents a massive win in the fight for public safety and common sense. Ghost guns are as easy to assemble as a piece of Ikea furniture and, before Biden’s rule, could be accessed with fewer regulations than it takes to rent a car or book a flight. Striking down this rule would have meant unleashing untraceable murder weapons back into our communities, undoubtedly spiking violent crime.
While many celebrate the 7-2 decision, Justice Clarence Thomas and Justice Samuel Alito dissented, arguing that the ATF rule oversteps statutory authority and that the GCA should not apply to unfinished items.