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Supreme Court Upholds Biden-Era Regulation on Ghost Guns

The 7-2 decision affirms the ATF's authority to regulate ghost gun kits as firearms under the Gun Control Act of 1968, addressing public safety concerns over untraceable weapons.

FILE - A ghost gun that police seized from an organized shoplifting crime ring is on display during a news conference at the Queens District Attorney's office in New York City, Nov. 26, 2024. (AP Photo/Ted Shaffrey, File)
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Parts of a ghost gun kit are on display at an event held by U.S. President Joe Biden to announce measures to fight ghost gun crime, at the White House in  Washington U.S., April 11, 2022. REUTERS/Kevin Lamarque/File Photo

Overview

  • The U.S. Supreme Court ruled 7-2 to uphold a Biden administration regulation requiring ghost gun kits to comply with federal firearm laws, including serial numbers, background checks, and licensing for manufacturers.
  • The decision reverses lower court rulings that invalidated the ATF's 2022 rule, affirming the agency's authority under the Gun Control Act of 1968.
  • Justice Neil Gorsuch, writing for the majority, emphasized that ghost gun kits meet the statutory definition of firearms due to their ability to be readily converted into functional weapons.
  • Law enforcement data shows a sharp rise in crimes involving ghost guns, with over 19,000 recovered in 2021, prompting the regulation to address their untraceable nature.
  • Dissenting justices Clarence Thomas and Samuel Alito argued that the ATF exceeded its authority by expanding the definition of firearms to include weapon parts kits.