The Supreme Court has agreed to decide whether the Biden administration overstepped a federal law by imposing regulations on ghost guns, mail-order kits that allow people to build untraceable firearms at home. These kits have no serial numbers, do not require background checks, and do not provide transfer records for traceability. Critics argue that they appeal to individuals who are legally prohibited from purchasing firearms. In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives approved a regulation requiring manufacturers to have serial numbers on ghost gun kits and keep records of purchasers. Advocacy groups and five kit manufacturers sued, claiming that the regulation was not permitted under law.
The regulation does not prohibit the sale or possession of ghost gun kits, but it requires compliance with federal laws that impose conditions on the commercial sale of firearms. A US district court in Texas rejected the rule, and the conservative 5th US Circuit Court of Appeals mostly upheld that decision. The Supreme Court has intervened in the case twice on its emergency docket, pausing lower court rulings that blocked the regulation from taking effect. Last summer, the court ruled 5-4 in favor of the Biden administration, allowing the regulations to remain in effect. Chief Justice John Roberts and Justice Amy Coney Barrett sided with the liberal justices in support of the administration.
After the initial Supreme Court order, the district court blocked the regulations as applied to two manufacturers. The Supreme Court intervened once again last fall to allow the regulations to remain in effect. The Biden administration has stated that police departments have experienced an increase in crimes involving ghost guns in recent years, with the number of submitted ghost guns for tracing growing from about 1,600 in 2017 to over 19,000 four years later. Both the administration and the kit manufacturers have asked the Supreme Court to hear the case. The manufacturers argue that their products cater to law-abiding citizens making their own firearms and accuse the administration of trying to shut down their businesses.
In conclusion, the Supreme Court’s decision to hear the case involving regulations on ghost guns highlights the ongoing debate on the regulation of firearms in the United States. The Biden administration’s efforts to impose requirements on ghost gun kits have faced legal challenges from manufacturers and advocacy groups. The court’s previous rulings on the issue have been closely divided, with Chief Justice Roberts and Justice Barrett siding with the administration in allowing the regulations to remain in effect. As police departments have seen a rise in crimes involving ghost guns, the outcome of this case could have significant implications for gun control measures and efforts to address untraceable firearms. It remains to be seen how the Supreme Court will ultimately rule on this controversial issue.
