In a landmark decision, the Supreme Court has upheld Biden-era regulations on ghost guns, ruling 7-2 that untraceable weapon kits must now include serial numbers and require background checks.
Quick Takes
- The Supreme Court ruled 7-2 that ghost gun kits are considered “firearms” under the 1968 Gun Control Act, requiring serial numbers and background checks.
- Justices Samuel Alito and Clarence Thomas were the only dissenters in the decisive ruling.
- Ghost gun recoveries at crime scenes had surged from fewer than 1,700 in 2017 to over 27,000 in 2023 before regulation.
- Since implementation of the regulation, ghost gun incidents have stabilized or declined in major cities including New York and Los Angeles.
- Justice Neil Gorsuch authored the majority opinion supporting the Bureau of Alcohol, Tobacco, Firearms and Explosives’ authority to regulate these weapons.
Supreme Court Affirms ATF’s Authority Over Ghost Guns
The U.S. Supreme Court delivered a significant victory for the Biden administration’s efforts to combat untraceable firearms, upholding federal regulations on ghost guns in a decisive 7-2 ruling. Justice Neil Gorsuch authored the majority opinion, which determined that kits used to assemble these weapons qualify as firearms under existing law. The ruling affirms that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) acted within its authority when it classified gun kits as firearms subject to federal regulations under the 1968 Gun Control Act.
At the heart of the case was the interpretation of what constitutes a “firearm” under federal law. The 1968 Gun Control Act defines a firearm as any weapon that can be readily converted into a functional firearm. The government successfully argued that ghost gun kits, which can be assembled into working weapons in as little as 30 minutes, clearly meet this definition. This legal classification now subjects these previously unregulated items to the same requirements as traditional firearms, including serial numbers and background checks.
The Supreme Court upholds the ATF’s rule from the Biden administration restricting ghost guns.
Ruling was 7-2 with Neil Gorsuch delivering the opinion. Alito and Thomas dissent. pic.twitter.com/erregtvDJX
— Politics & Poll Tracker 📡 (@PollTracker2024) March 26, 2025
Impact on Crime and Public Safety
The ruling comes amid growing concerns about the proliferation of ghost guns at crime scenes across the nation. Before the regulation was implemented, law enforcement agencies reported a dramatic increase in recoveries of these untraceable weapons. According to data cited in court documents, ghost guns found at crime scenes surged from fewer than 1,700 in 2017 to an alarming 27,000 in 2023. This escalation highlighted the urgent need for regulatory intervention to address what had become a significant public safety concern.
Early evidence suggests the regulation is having a positive effect. Since implementation, the number of ghost guns recovered at crime scenes has stabilized or declined in several major metropolitan areas, including New York, Los Angeles, Philadelphia, and Baltimore. This trend indicates that making these weapons subject to the same oversight as conventional firearms may be helping to stem their use in criminal activities, although longer-term data will be necessary to fully assess the regulation’s effectiveness.
Legal Challenges and Dissenting Opinions
The path to this Supreme Court decision was not without significant legal challenges. Gun rights organizations and kit manufacturers vigorously opposed the regulation, arguing that the ATF had overstepped its authority. Their central contention was that a collection of parts cannot be classified as a weapon. The conservative 5th Circuit Court of Appeals in Louisiana initially sided with these challenges, striking down the ATF rule. However, the Supreme Court had allowed the regulation to remain in effect while the legal battle continued.
Justices Samuel Alito and Clarence Thomas were the only dissenters in the 7-2 decision. Their opposition is notable, especially in contrast to the court’s recent decision striking down a Trump administration regulation banning bump stocks. The ghost gun ruling represents a significant departure from what many legal observers had anticipated from the conservative-leaning court, particularly on an issue related to firearms regulation. The broad support for the regulation across ideological lines has surprised many legal analysts who follow Second Amendment cases.
Sources:
US Supreme Court upholds federal ‘ghost guns’ restrictions
Supreme Court upholds a Biden-era rule regulating ghost guns
Supreme Court upholds Biden rule requiring serial numbers and background checks for ghost guns
