Supreme Court upholds Biden administration regulation on 'ghost gun' assembly kits
SCOTUS rules federal government can continue to limit ghost guns
A win for gun control advocates came down from the nation’s highest court Wednesday. The Supreme Court has cleared the way for the federal government to continue regulating kits that are used to assemble weapons — so-called ghost guns.
WASHINGTON - A win for gun control advocates came down from the nation’s highest court Wednesday. The Supreme Court has cleared the way for the federal government to continue regulating kits that are used to assemble weapons — so-called ghost guns.
The kits allow people to put their own firearms together at home — like the one used to kill UnitedHealthcare CEO Brian Thompson in December.
The Argument
The backstory:
At the heart of the argument was the question of restricting the sale of individual elements of a firearm.
Consider a blank notepad and a pen: Does this count as a grocery list?
Some say no because there's nothing written down. But some say yes because you use both to make a grocery list.
Now, what if it's gun parts: Does that count as a firearm?
Some say no because it's not an assembled weapon but some say yes because you can turn it into a weapon.
The Decision
What It Means:
The Supreme Court on Wednesday ruled that, yes, gun part kits count as firearms under the Federal Gun Control Act.
That means the Bureau of Alcohol, Tobacco and Firearms can require weapon part kit manufacturers and sellers to follow the same rules as federally licensed gun dealers — background checks, serial numbers, a license to sell, and recordkeeping.
The other side:
The Biden Administration put these rules in place in 2022 after the proliferation of so-called ghost guns. Challengers argued ATF only had the authority to regulate guns — not kits with disassembled parts.
"It is a limited decision because it's a facial challenge," said Mark Pennak, president of Maryland Shall Issue. "If it's a facial challenge, that means there are no conceivable application which would be legal or, in some cases, constitutional."
MSI is a gun rights advocacy organization in Maryland.
Meantime, in Maryland, Baltimore reached a settlement just last year with one of the largest makers of gun part kits, Polymer80, and the company agreed to stop selling their products in Maryland.
Why It Matters
Local perspective:
Defenders of the ruling argued that serial numbers are critical for law enforcement to track down guns used in criminal activity. D.C. police continue to grapple with ghost guns.
"You know, locally in D.C., police only recovered 25 ghost guns in 2018. Four years Later, in 2022, there were 524 ghost guns. That's a huge increase," said Nick Wilson, with the think tank Center for American Progress.
"So that's why it was so important last year that the D.C. Attorney, General Brian Schwab, led a group of 24 attorneys general across the country to ask the Supreme Court to uphold these ghost gun regulations, so law enforcement can have one more tool to do their job," Wilson said.
Justice Neil Gorsuch, a Trump appointee, authored the decision, joined by most of the court. Justices Clarence Thomas and Samuel Alito dissented.