The U.S. Supreme Court has upheld a federal regulation targeting “ghost guns,” untraceable firearms assembled from kits or parts lacking serial numbers. In a 7-2 decision, the Court ruled that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) acted within its authority by requiring manufacturers of these kits to include serial numbers, obtain licenses and conduct background checks on purchasers.
This regulation, introduced in 2022 during President Biden’s administration, aims to address the surge in crimes involving ghost guns, which are appealing to individuals prohibited from purchasing firearms legally. Law enforcement agencies have reported a significant increase in the recovery of ghost guns at crime scenes, rising from fewer than 1,700 in 2017 to over 27,000 in 2023.
The Supreme Court’s decision overturns a prior ruling by the 5th U.S. Circuit Court of Appeals, which had determined that the ATF exceeded its authority with this regulation. Justice Neil Gorsuch, writing for the majority, stated that certain gun kits fall under the definition of “firearm” as outlined in the Gun Control Act of 1968. Justices Clarence Thomas and Samuel Alito dissented.
The New York Times has additional details:
Opponents of gun regulations argued that most people who bought the kits were hobbyists, not criminals. In legal filings, the groups argued that a majority of firearms used in crimes were traditional weapons that were manufactured professionally.
Lawyers for the government, arguing in October while President Joseph R. Biden Jr. was still in office, said the guns kits should be regulated as “firearms” because they allowed “anyone with basic tools and access to internet video tutorials to assemble a functional firearm ‘quickly and easily’ — often, in a matter of minutes.”
During the oral argument, a majority of the justices appeared to favor keeping the rules in place, with at least two conservatives, Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett, raising sharp questions about arguments by the plaintiffs that the administration had overstepped its bounds.
The justices wrestled with how best to draw analogies to the gun kits. Chief Justice Roberts seemed skeptical of attempts by the gun rights lawyers to say that people who put together the kits were similar to amateur car hobbyists, saying that the kits seemed to require much less effort to put together.
“Drilling a hole or two,” Roberts contended at the time, “doesn’t give the same sort of reward that you get as working on your car on the weekends.”
This is a breaking news story. Please check back for updates.
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As best I can recall, the 2nd Amendment doesn’t say ANYTHING about serial numbers. ALL it says is that we have the right to bear arms. Period! It ALSO says that this right shall NOT be infringed! Yet, here we are, some 240+ years later, trying everything in the book to INFRINGE on our rights!