Supreme Court Upholds Biden’s Ghost Gun Rule Requiring Serial Numbers and Background Checks

WASHINGTON — The Supreme Court has upheld a Biden administration rule concerning ghost guns, the hard-to-trace weapons. The ruling allows the continuation of requirements for serial numbers, background checks, and age verification for online kit purchases.

The 7-2 decision stated that existing gun laws permit the regulation of these kits, which are increasingly connected to criminal activity.

Justice Neil Gorsuch wrote in the majority opinion that sales of ghost guns, easily assembled at home from kits, have increased significantly. He noted their appeal to both hobbyists and criminals.

Federal data indicates a sharp rise in ghost guns found at crime scenes nationwide, increasing from fewer than 1,700 in 2017 to 27,000 in 2023, according to Justice Department data.

Since the federal rule was implemented, ghost gun numbers have stabilized or decreased in major cities like New York, Los Angeles, Philadelphia, and Baltimore, according to court documents. The Justice Department also reported a 36% drop in the manufacturing of miscellaneous gun parts.

Ghost guns are privately made firearms lacking serial numbers, making them difficult to trace. The 2022 regulation targeted online kits containing everything needed to build a working firearm, sometimes in under 30 minutes, as stated in court documents.

Ghost guns have been used in notable crimes, including a mass shooting in Philadelphia involving an AR-15-style ghost gun, which resulted in five deaths. Authorities suspect that a ghost gun used in the murder of UnitedHealthcare’s CEO in Manhattan was 3D-printed, rather than assembled from a kit.

The “frame and receiver” rule, finalized under then-President Joe Biden, mandates that companies treat these kits like regular firearms, requiring serial numbers, background checks, and age verification for buyers aged 21 or older.

Gun groups challenged the rule in court, in the case known as Garland v. VanDerStok, arguing that most crimes involve traditional firearms, not ghost guns. They also asserted that individuals have the right to build their own firearms at home, and that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its authority by attempting to regulate these kits.

The Supreme Court majority disagreed, emphasizing the ATF’s authority to regulate items easily converted into working firearms.

Gorsuch wrote, referring to a specific product, that the ‘Buy Build Shoot’ kit can be ‘readily converted’ into a firearm too, for it requires no more time, effort, expertise, or specialized tools to complete.

He also noted that while some kits might take longer to assemble and thus fall outside the ATF’s regulatory scope, many popular kits are subject to regulation.

The justices had previously allowed the rule to remain in effect during the legal proceedings.

The court previously overturned a firearm regulation from President Donald Trump’s administration, which banned bump stocks, accessories that enable rapid fire. The court has also broadened Second Amendment rights, stating that modern gun regulations must align with historical traditions.

In his dissent, Justice Clarence Thomas argued that the kits are merely firearm parts and shouldn’t be subject to regulations that could extend to other common weapons. He wrote that while “Congress could have authorized ATF to regulate any part of a firearm or any object readily convertible into one… But, it did not.”