The Supreme Court has temporarily reinstated a ban on “ghost guns”, granting discretion to the Biden administration to regulate these untraceable firearms. Ghost guns are firearms assembled with parts purchased often in a kit, bearing no serial numbers, which virtually anyone can assemble. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) initially issued a rule in 2022 to clarify that federal laws governing the sale of firearms would apply to ghost guns as well. The Court’s order overrides US District Judge Reed O’Connor’s previous decision that barred ATF enforcement of the rule nationwide.
The rule reinstatement comes as a 5-4 vote, with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh dissenting. Despite the split decision, this interim ruling allows the ATF to enforce regulation over ghost guns while a challenge to the ruling continues in a federal appeals court.
Manufacturers and sellers of ghost gun kits who took to the courts to challenge the rule deemed its application to ghost guns inconsistent with federal firearms laws. They urged the Supreme Court to uphold Judge O’Connor’s order, which effectively vacated the rule nationwide. Their claim is that the Biden administration failed to provide tangible evidence that firearms made by individuals for personal use contribute to an increase in crime. Furthermore, they allege that the ATF overstepped its boundaries with the regulation, which they argue concerns items Congress never intended to regulate.
On the other end of the spectrum, 20 states, joined by the District of Columbia, supported the Biden administration’s request to halt O’Connor’s order. They present the regulation as a “vital backstop” to state efforts in stemming the flow of ghost guns. Additionally, they argue the regulation helps combat violence ignited by untraceable weapons in the hands of prohibited persons.
The article was first reported by Amy Howe on SCOTUSblog. The regularization of ghost guns remains an actively contested issue in the US legal landscape; it seems likely that the Supreme Court will play a significant role in determining the future of this matter.