In a major development regarding the regulation of privately made firearms known as "ghost guns," the Supreme Court has granted a request by the Biden administration to reinstate a federal regulation aimed at reining in these untraceable firearms. The regulation, issued in 2022 by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), broadened the bureau's interpretation of the definition of a “firearm” under the Gun Control Act of 1968. The change required manufacturers and sellers of ghost gun kits to obtain licenses, mark their products with serial numbers, and conduct background checks.
The Supreme Court's decision to put on hold a previous ruling by US District Judge Reed O'Connor, which had blocked the 2022 regulation nationwide pending the administration's appeal, means that the regulation will remain in place for now. The court's brief order did not provide reasons for its decision, but the vote was 5 to 4, with Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett joining the court's three liberal members to form a majority. Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch, and Brett M. Kavanaugh dissented.
The Biden administration argued that the regulation was necessary to address the rising public safety and law enforcement concerns posed by the increasing use of untraceable firearms. They cited data showing a significant increase in crimes involving ghost guns, with over 19,000 firearms without serial numbers recovered by authorities in 2021, compared to about 1,600 in 2017. The administration also highlighted the accessibility of ghost gun kits, which can be purchased online using a credit card and assembled into fully functional firearms within 20 minutes.
However, opponents of the regulation, including gun owners, advocacy groups, and companies that make or distribute ghost gun kits, challenged its legality, claiming that the Biden administration exceeded its authority under the Gun Control Act. They argued that the definition of “firearm” should not include parts and kits that can be used to assemble a firearm, as it would fundamentally alter the policy choices made by Congress in 1968.
The Supreme Court's decision to temporarily uphold the regulation while legal proceedings continue is seen as a significant victory for the Biden administration's efforts to address the proliferation of ghost guns. The legal battle over the regulation will now continue in the lower courts, with the US Court of Appeals for the Fifth Circuit set to hear arguments in September. The ultimate outcome of the case could have significant implications for gun regulations and the ability of law enforcement to trace firearms in the future.
