The US Supreme Court on Tuesday expressed strong support for federal regulation of ‘ghost guns,’ as part of President Joe Biden’s administration’s broader effort to curb gun violence.
Five justices, including conservatives Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett, backed the regulation, showing scepticism towards gun manufacturers and owners who argued that the government had overreached in regulating these untraceable firearm kits.
Ghost guns are firearms assembled from kits or 3D-printed parts and lack serial numbers, making them untraceable. This anonymity allows them to be sold without background checks. Their quick and easy assembly has raised concerns among law enforcement, as these guns are attractive to those who want to avoid legal restrictions on firearm ownership.
The regulation, enacted in 2022 by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), aims to curb the rising popularity of ghost guns. It mandates that gun makers and sellers be licensed, kits be marked with serial numbers for traceability, and buyers undergo background checks. The revised rule builds on the 1968 Gun Control Act, expanding the definition of a ‘firearm’ to include these kits.
Before the regulation, individuals without gunsmithing skills could purchase an unserialised, unfinished frame or receiver and, with minimal tools, convert it into a fully functional firearm without a background check.
Ghost guns have become a major gun safety issue in the US. The ATF reported over 70,700 suspected ghost guns recovered by law enforcement between 2016 and 2022, with most found in 2021 and 2022. These firearms have been linked to school shootings and accidental shootings by children.
During the hearing, Chief Justice Roberts questioned the claim that ghost gun kits were for hobbyists, asking if assembling one was as satisfying as working on cars. Justices Alito and Barrett used analogies about omelettes and meal kits to debate when parts become a firearm.
The Supreme Court ruled 5-4 in favour of the Biden administration‘s regulations, with Chief Justice Roberts and Justice Barrett joining the liberal justices. This decision temporarily reinstates the regulations on ghost guns.