SCOTUS Backs Biden’s Ghost Gun, Serial Numbers Rule in 7-2 Decision/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ The U.S. Supreme Court upheld a Biden administration rule requiring serial numbers, background checks, and age verification for ghost gun kits. The 7-2 decision affirms federal oversight of DIY firearm kits sold online. Ghost guns have been increasingly tied to crimes and mass shootings, prompting regulatory action.
Supreme Court Ghost Gun Ruling: Quick Looks
- Ruling: 7-2 in favor of the Biden administration
- Dissenting Justices: Clarence Thomas, Samuel Alito
- Rule Includes: Serial numbers, background checks, age restrictions
- Impact: Ghost gun recoveries have declined in several major cities
SCOTUS Backs Biden’s Ghost Gun, Serial Numbers Rule in 7-2 Decision
Deep Look:
WASHINGTON (AP) — In a significant decision on gun regulation, the U.S. Supreme Court on Wednesday upheld a Biden-era rule aimed at controlling the sale and distribution of so-called ghost guns — untraceable, DIY firearms that have surged in criminal investigations in recent years.
The court’s 7-2 decision, authored by Justice Neil Gorsuch, affirms that ghost gun kits sold online must comply with federal firearms regulations. The ruling requires manufacturers to add serial numbers, conduct background checks, and verify buyers are 21 or older before selling kits that can be assembled into functioning guns, often in under an hour.
Justices Clarence Thomas and Samuel Alito dissented, raising concerns about executive overreach and questioning the ATF’s authority.
What Are Ghost Guns?
Ghost guns are privately assembled firearms, often sold in kits or made via 3D printing, that lack serial numbers and are virtually untraceable. Because they can be purchased online without background checks, they’ve become a popular choice for individuals looking to bypass gun laws.
According to the Justice Department, the number of ghost guns recovered from crime scenes skyrocketed from fewer than 1,700 in 2017 to over 27,000 in 2023. Following the Biden rule, recoveries in several cities like New York, Los Angeles, Philadelphia, and Baltimore have leveled off or declined.
The Rule’s Origin and Legal Battle
The regulation, finalized in 2022, was issued at the direction of President Joe Biden in response to rising concerns about the proliferation of untraceable weapons. It gave the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) authority to treat ghost gun kits like traditional firearms.
The case, Garland v. VanDerStok, was brought by gun rights groups who argued that the ATF had overstepped its legal authority and that the vast majority of crimes still involved traditional guns.
The justices previously allowed the rule to remain in place while the case moved through the courts. With this ruling, the regulation now has full judicial backing.
Ghost Guns in High-Profile Crimes
Ghost guns have appeared in mass shootings and headline-grabbing murders, including:
- A mass shooting in Philadelphia using an AR-15-style ghost gun that left five dead
- The slaying of UnitedHealthcare CEO in New York, allegedly with a 3D-printed ghost gun
These high-profile incidents have fueled bipartisan concern over the loopholes exploited in ghost gun sales.
Regulatory Context
While this is a victory for gun control advocates, it contrasts with the court’s previous decision to strike down a Trump-era ban on bump stocks, gun accessories that simulate automatic fire.
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