Supreme Court to Review Biden Administration’s Appeal on Ghost Gun Regulation

On Monday, the Supreme Court agreed to hear an appeal from the Biden administration concerning the regulation of ghost guns, which had been invalidated by lower courts. Previously, the justices voted 5-4 to maintain the regulation’s effect during the legal dispute. Ghost guns, lacking serial numbers, have increasingly surfaced at crime scenes.

Implemented in 2022, the regulation broadened the federal law’s firearm definition to encompass unfinished parts, such as handgun frames or long gun receivers, facilitating easier tracking with serial numbers and mandating licensing. Manufacturers must conduct background checks akin to those for commercially produced firearms. This requirement applies irrespective of the firearm’s production method, covering ghost guns made from individual components, kits, or 3D printers. Notably, the rule permits the purchase of kits and firearms.

The Justice Department reported that local law enforcement seized over 19,000 ghost guns at crime scenes in 2021, marking a significant increase over five years.

U.S. District Judge Reed O’Connor in Fort Worth, Texas, invalidated the rule last year, contending it exceeded the Bureau of Alcohol, Tobacco, Firearms and Explosives’ authority. O’Connor reasoned that federal law’s firearm definition did not encompass all gun parts, suggesting congressional intervention. A three-judge panel from the 5th U.S. Circuit Court of Appeals, mainly comprising then-President Donald Trump’s appointees, largely upheld O’Connor’s decision.

While the lawsuit continues, the Supreme Court upheld the regulation. Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal justices in the majority, while Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas sought to suspend the regulation during the appeals process.

Notably, Barrett, Gorsuch, and Kavanaugh were appointed by Trump. Arguments are expected to commence in the fall.