7-2 Supreme Court Decision Hands Former Administration Big Win

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The Supreme Court’s 7-2 decision to uphold Biden’s ghost gun regulations requires unregistered weapon kits to comply with the same rules as commercial firearms, dealing a blow to gun rights advocates who argued these untraceable weapons fall outside federal authority.

Quick Takes

The Supreme Court upheld Biden administration rules requiring serial numbers and background checks for ghost gun kits with a 7-2 majority opinion authored by Justice Neil Gorsuch.
Ghost guns – untraceable firearms assembled from kits without serial numbers – have risen dramatically at crime scenes, from fewer than 1,700 in 2017 to 27,000 in 2023.
The ruling focused on the ATF’s regulatory authority rather than Second Amendment rights, determining the 1968 Gun Control Act allows regulation of weapon parts kits.
Since implementation in August 2022, ghost gun recoveries have stabilized or decreased in major cities, and manufacturing of miscellaneous gun parts dropped by 36%.
Conservative Justices Thomas and Alito dissented, arguing the majority interpretation exceeds congressional intent.

Supreme Court Backs ATF Authority Over “Build-Your-Own” Firearms

In a significant ruling that strengthens federal oversight of untraceable firearms, the Supreme Court voted 7-2 to uphold Biden administration regulations targeting “ghost guns.” The decision, written by Trump-appointed Justice Neil Gorsuch, affirms that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has legal authority to regulate weapon parts kits and unfinished frames or receivers under the federal Gun Control Act. This interpretation means that sellers of these kits must now obtain licenses, mark products with serial numbers, conduct background checks on buyers, and maintain proper sales records, just like traditional firearms.

The regulation, in effect since August 2022, specifically targets “buy build shoot” kits that can be quickly assembled into functional firearms with minimal technical knowledge. These weapons, which lack serial numbers that would allow them to be traced by law enforcement, have become increasingly common at crime scenes. According to data cited in court documents, ghost guns recovered by law enforcement skyrocketed from fewer than 1,700 in 2017 to over 27,000 in 2023, highlighting the growing concern among public safety officials about their proliferation.

Conservative Court Delivers Unexpected Win for Biden Administration

In a decision that crossed typical ideological lines, Justice Gorsuch was joined by fellow conservative Justices Roberts, Kavanaugh, and Barrett, alongside all three liberal justices. The majority rejected arguments from gun rights groups that the administration’s rule overstepped its authority, finding no problem with the ATF’s determination that weapon kits designed to be quickly assembled into firearms should be regulated as firearms themselves. The majority found this interpretation consistent with Congress’s intent in passing the Gun Control Act, which sought to ensure firearms are traceable and kept away from prohibited persons.

The ruling came despite the court’s generally pro-gun rights stance in recent decisions, including striking down a New York concealed carry restriction and expanding the individual right to bear arms. However, this case centered on administrative authority rather than Second Amendment rights. Notably, Justice Thomas wrote a forceful dissent joined by Justice Alito, arguing that the majority’s interpretation diverged from the text of the law as passed by Congress, potentially inviting “unforeseeable consequences” with “no limiting principle.”

Impact on Crime and Public Safety

Law enforcement agencies have increasingly encountered ghost guns at crime scenes across the country, including in high-profile incidents such as a mass shooting in Philadelphia and the murder of UnitedHealthcare’s CEO in Manhattan. These weapons have attracted criminals precisely because they’ve allowed prohibited purchasers to acquire firearms while evading background checks and registration requirements. The Justice Department and ATF have argued that the regulation addresses a dangerous loophole rather than creating new restrictions on lawful gun ownership.

Early data suggests the regulation may already be having its intended effect. Since implementation, the number of ghost guns recovered has stabilized or decreased in major cities like New York, Los Angeles, Philadelphia, and Baltimore. Manufacturing of miscellaneous gun parts has dropped by 36% overall.