The Supreme Court has upheld the Biden administration’s regulations on ghost guns in a decisive 7-2 ruling, marking a significant victory for law enforcement while sparking concerns among Second Amendment advocates.
Quick Takes
- The Supreme Court upheld Biden-era regulations requiring serial numbers and background checks for ghost guns in a 7-2 decision.
- Since the regulation was implemented, the number of ghost guns has stabilized or declined in major cities like New York, Los Angeles, and Philadelphia.
- Before regulation, ghost guns found at crime scenes increased dramatically from fewer than 1,700 in 2017 to over 27,000 in 2023.
- Justices Samuel Alito and Clarence Thomas dissented from the majority opinion authored by Justice Neil Gorsuch.
- Gun rights groups challenged the rule, arguing the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its authority.
Court Upholds ATF Authority to Regulate Ghost Gun Kits
In a significant decision affecting firearm regulations, the Supreme Court ruled 7-2 to uphold the Biden administration’s 2022 rule classifying ghost gun kits as firearms under the 1968 Gun Control Act. The ruling, authored by Justice Neil Gorsuch, affirmed that these kits, which can be assembled into functioning firearms in as little as 30 minutes, meet the law’s definition of weapons that can be “readily converted” into functional firearms. The regulation requires manufacturers and sellers of these kits to include serial numbers and conduct background checks on purchasers, bringing them in line with requirements for traditional firearms.
The decision represents a notable break from the court’s recent trend of limiting federal regulatory authority. While Justices Samuel Alito and Clarence Thomas dissented, the majority opinion crossed ideological lines, with several conservative justices joining their liberal colleagues. This ruling comes after the conservative 5th Circuit Court of Appeals in Louisiana had previously struck down the ATF rule, creating legal uncertainty that the Supreme Court has now resolved.
The Supreme Court upholds the ATF’s rule from the Biden administration restricting ghost guns.
Ruling was 7-2 with Neil Gorsuch delivering the opinion. Alito and Thomas dissent. pic.twitter.com/erregtvDJX
— Politics & Poll Tracker 📡 (@PollTracker2024) March 26, 2025
Impact on Crime and Public Safety
Law enforcement officials have pointed to a troubling rise in the use of ghost guns in criminal activity before the regulation took effect. These firearms, which lack serial numbers and could previously be purchased without background checks, often online and anonymously using cryptocurrency or prepaid debit cards, were increasingly appearing at crime scenes across the country. According to government data, ghost guns recovered at crime scenes increased dramatically from fewer than 1,700 in 2017 to more than 27,000 in 2023, highlighting the growing problem these untraceable weapons presented to law enforcement.
Since the regulation took effect, there are encouraging signs of its impact. Reports indicate that the number of ghost guns has stabilized or declined in major metropolitan areas including New York, Los Angeles, Philadelphia, and Baltimore. This trend suggests that the regulation may be achieving its intended effect of reducing the availability of these untraceable weapons to individuals who would otherwise be prohibited from purchasing firearms through traditional channels.
Legal Challenges and Constitutional Concerns
The regulation has faced significant opposition from gun rights organizations who argued that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority in issuing the rule. The challengers maintained that unassembled kits of parts do not meet the legal definition of a weapon, and therefore should not be subject to the same regulations as completed firearms. This argument initially found favor with the 5th Circuit Court of Appeals, which struck down the rule before the Supreme Court intervened.
The Supreme Court’s decision comes at a time of heightened scrutiny of federal regulatory authority. Just weeks earlier, the Court had struck down a Trump administration regulation banning bump stocks, devices that can increase the firing rate of semi-automatic rifles. While both cases involved firearm regulations, they hinged on different legal questions about agency authority and statutory interpretation. The contrasting outcomes highlight the Court’s case-by-case approach to evaluating executive branch regulations, particularly in areas touching on Second Amendment considerations.
Sources:
US Supreme Court upholds federal ‘ghost guns’ restrictions
Supreme Court upholds a Biden-era rule regulating ghost guns
Supreme Court upholds Biden rule requiring serial numbers and background checks for ghost guns
