The Supreme Court recently heard oral arguments regarding the regulation of 'ghost guns,' which are firearms that can be assembled from kits without background checks or serial numbers. The issue at hand was whether these guns meet the federal definition of a 'firearm' and 'frame and receiver,' and if the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has the authority to regulate their sale.
Ghost guns, often purchased online and marketed as easy to assemble, have become a growing concern due to their untraceable nature. The Justice Department reported a significant increase in the seizure of these guns by law enforcement in recent years, attributing it to technological advancements and the availability of unassembled firearm components.
During the 75-minute argument, several justices expressed support for the Biden administration's position, indicating that nearly complete parts of ghost gun kits should be subject to regulation. The 1968 Gun Control Act was revised in 2022 to address the proliferation of 'buy build shoot' kits, defining a firearm to include any weapon designed to expel a projectile.
The administration clarified that it does not seek to ban these kits but rather to ensure they comply with existing regulations, such as requiring serial numbers and background checks. Gun rights groups have challenged the updated rules, arguing that the kits are non-firearm objects and that only Congress can change the law regarding ghost gun regulations.
The Supreme Court grappled with questions about the ease of assembling ghost guns and the role of judges in interpreting the law. Justices raised concerns about the definition of a firearm and whether unassembled parts constitute a gun. The ATF's rule, which treats unfinished firearm parts like completed firearms, has faced legal challenges but has led to a decrease in online sales of these weapons.
The case, known as Garland v. VanDerStok, is expected to have a significant impact on the regulation of ghost guns. A ruling is anticipated by summer 2025, as the Supreme Court continues to navigate complex issues related to the Second Amendment and gun control.
