Ghost gun ruling marks victory for Biden administration’s 2022 regulations

The Supreme Court ruled 7-2 that the federal government can regulate firearms kits, commonly known as “ghost guns,” as weapons. This means these kits must have serial numbers and buyers must undergo background checks.

Justice Neil Gorsuch wrote the majority opinion, focusing on kits like the “Buy Build Shoot” that can be assembled into a functioning Glock-style pistol in about 20 minutes using common tools. He argued that despite requiring assembly, these kits contain all necessary components and their purpose as weapons is obvious.

The ruling is a victory for gun control advocates and for the Biden administration, which issued rules in 2022 declaring kit guns subject to the Gun Control Act. This action came amid a significant increase in ghost gun recoveries by police — from about 160 per month in 2017 to more than 2,300 monthly in 2023.

While Second Amendment supporters argue that Americans have been making homemade guns since before the country’s founding, gun control activists counter that ghost guns mainly help people avoid background checks and traceability. Sen. Charles Schumer praised the decision, saying ghost guns have been “terrorizing communities.”

During oral arguments, the justices debated analogies for when parts become a gun. Justice Gorsuch compared kits to disassembled rifles, which everyone would still consider guns despite needing reassembly. Justice Samuel Alito dissented on technical grounds, saying the case should have been sent back to lower courts. Justice Clarence Thomas offered a more direct dissent, accusing his colleagues of “rewriting” the law and warning the ruling could threaten AR-15 rifles by potentially allowing them to be regulated like machine guns.

Justice Gorsuch dismissed this concern as “misplaced,” noting government lawyers don’t believe AR-15 receivers would qualify as machine guns. Justice Brett Kavanaugh, while siding with the majority, cautioned against aggressive prosecutions, highlighting the danger of people unknowingly violating the law.

The case, Bondi v. VanDerStok, involved former Attorney General Merrick Garland’s rules and Jennifer VanDerStok, a former police officer who wanted to manufacture a gun but feared breaking the new regulations.

Read more: Supreme Court upholds Biden-era requirements on ghost guns