The nation's highest court faced a critical decision regarding the regulation of untraceable firearms, commonly known as ghost guns.
According to SCOTUSblog, the Supreme Court delivered a 7-2 ruling on Wednesday upholding a Biden administration rule that allows the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to regulate certain ghost guns, which are weapons without serial numbers that can be assembled from components or kits purchased online.
Justice Neil Gorsuch authored the 24-page majority opinion, emphasizing that advances in technology, particularly 3D printing and reinforced polymers, have transformed firearm manufacturing and distribution methods. The court's decision maintains the ATF's authority to regulate weapons parts kits and partially finished frames or receivers under the Gun Control Act of 1968.
The ATF implemented the regulation in 2022 in response to what it described as an exponential increase in ghost guns. The rule clarifies that "firearm" includes products that can be converted into operational guns or functional frames and receivers.
The case originated when two individual gun owners and a gun-rights advocacy group filed a legal challenge in Texas. A federal district judge in Fort Worth initially blocked the rule nationwide, but the Supreme Court later allowed its enforcement during the appeals process.
The majority opinion highlighted that ghost gun kits have gained popularity among hobbyists and criminals alike. Some manufacturers avoid compliance with Gun Control Act requirements by arguing their products don't qualify as firearms.
Justice Gorsuch explained that the Gun Control Act establishes two main criteria for regulation: the item must be a "weapon" and must be capable of expelling projectiles through explosive action, be designed for such purpose, or be readily convertible for that use.
To illustrate his point, Gorsuch specifically referenced the "Buy Build Shoot" kit by Polymer80, which enables buyers to construct a Glock-variant semiautomatic pistol. He noted that this particular kit meets both regulatory criteria.
The justice provided photographic evidence comparing complete and partially complete frames, demonstrating why such items fall under ATF jurisdiction. He emphasized that the agency's interpretation aligns with historical precedent.
Justice Clarence Thomas authored a dissenting opinion, arguing that the ordinary meaning of "frame or receiver" excludes unfinished components. He contended that if Congress intended to regulate any firearm part or convertible object, it would have explicitly stated so.
Justice Samuel Alito wrote separately to question the application of the Salerno test, which courts use when reviewing constitutional challenges to laws. He suggested either requesting additional briefing on this issue or returning the case to the lower courts for further consideration.
Justice Brett Kavanaugh, though concurring with the majority, expressed concerns about criminal liability standards, particularly regarding background check violations. Justice Sonia Sotomayor dismissed these worries, noting that manufacturers have long successfully navigated ATF requirements.
The Supreme Court's 7-2 decision marks a significant victory for the Biden administration's efforts to regulate ghost guns through the ATF. The ruling upholds the agency's authority to regulate weapons parts kits and unfinished frames or receivers under the Gun Control Act of 1968, though it leaves room for individual challenges to specific ghost gun products. The case, known as Bondi v. VanDerStok, originated from a challenge by gun owners and advocacy groups in Texas but has now established a nationwide precedent for ghost gun regulation. While the court's decision maintains the ATF's broad regulatory authority, it acknowledges that future cases may need to determine specific boundaries for regulation of varying weapons parts kits and unfinished components.
