Supreme Court to Rule on ATF’s Oversight of Ghost Gun Kits

Supreme Court building with illuminated pillars and steps.

The U.S. Supreme Court is about to determine a pivotal case regarding the classification and regulation of ghost gun kits under the Gun Control Act of 1968, with implications for both public safety and the Second Amendment.

At a Glance

The Biden administration wants ghost gun kits regulated like traditional firearms.
Proposed regulations include mandatory serial numbers and background checks for parts kits.
The legality of the ATF’s authority under the Gun Control Act is in question.
The Supreme Court’s ruling could reshape federal gun regulations.

Biden Administration’s Position

The Biden administration aims to regulate ghost gun kits by treating them like complete firearms. This involves mandating serial numbers, licenses for manufacturers, and ensuring public safety by implementing background checks and record-keeping. The ATF supports this approach, highlighting that criminals often prefer ghost guns for their untraceability.

Solicitor General Elizabeth Prelogar emphasized the urgent safety concerns arising from untraceable firearms. Authorities believe that ghost guns have become more prevalent at crime scenes, with New York City officials noting a rise in seizures. The administration’s 2022 regulation on homemade firearms seeks to address these concerns.

The Supreme Court will consider the lawfulness of a rule regulating "ghost gun" kits just months after it wiped out a federal ban on bump stock devices that make semi-automatic rifles fire like machine guns. https://t.co/tfwtWI4o2h

— Bloomberg Law (@BLaw) October 7, 2024

Legal Challenges and Opposition

Opponents argue that the Gun Control Act does not explicitly cover gun kits, challenging the ATF’s authority without Congressional approval. Manufacturers have filed lawsuits claiming that defining kits as firearms overreaches, as these parts do not constitute functional guns upon sale. The distinction of “frame or receiver” remains a contentious point in this legal debate.

There is significant pushback from pro-gun groups, who contend that these regulatory measures unnecessarily impact hobbyists and do not effectively prevent criminal misuse. The legal focus remains technical, not infringing directly on the right to bear arms under the Second Amendment, according to defenders of these kits.

Tomorrow, an ATF rule regulating the sale and manufacture of ghost guns—untraceable guns that can be made at home with parts available without a background check—is being challenged before the Supreme Court. How #SCOTUS decides this case will determine whether kits for assembling… pic.twitter.com/5q1UvR1JpS

— Moms Demand Action (@MomsDemand) October 7, 2024

Supreme Court’s Role

The Supreme Court’s decision, anticipated in early 2025, will significantly affect federal regulations on ghost guns. This case addresses key issues in gun control policy, balancing regulatory authority, public safety, and individual freedoms. As the nation awaits the court’s verdict, the implications for how gun laws interface with technological advancements in firearm production remain profound.

The outcome, while not directly challenging Second Amendment rights, will indicate the judicial climate for future gun control measures and potentially redefine the scope of existing firearm legislation under U.S. federal law.