In a significant ruling on firearm regulations, the Supreme Court on Wednesday upheld the Biden administration’s restrictions on so-called “ghost guns,” finding that firearms assembled using at-home kits must adhere to the same federal laws as traditional guns. The decision, delivered in a 7-2 vote in Garland v. VanDerStok, preserves rules introduced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in 2022, requiring serial numbers on homemade guns and background checks for purchasers.
The ruling comes amid growing concerns over the proliferation of ghost guns—untraceable firearms assembled from kits that have been increasingly linked to criminal activity. In the majority opinion, Justice Neil Gorsuch cited a dramatic rise in ghost gun recoveries by law enforcement, from 1,600 in 2017 to more than 19,000 in 2021.
“Recent years have witnessed profound changes in how guns are made and sold, with companies now able to sell weapon parts kits that individuals can assemble into functional firearms at home,” Gorsuch wrote. “Perhaps a half hour of work is required before anyone can fire a shot. But even as sold, the kit comes with all necessary components, and its intended function as an instrument of combat is obvious.”
The ruling overturns a prior decision by the Fifth Circuit Court of Appeals, which had struck down the ATF’s regulations, arguing that gun kits should be considered firearm parts rather than full weapons. A coalition of gun rights advocates, manufacturers, and hobbyists had challenged the ATF rules, contending that the government overstepped its authority.
Sharp Dissent from Justices Thomas and Alito
In a strongly worded dissent, Justice Clarence Thomas, joined by Justice Samuel Alito, accused the majority of allowing government overreach. Thomas argued that if Congress had intended to regulate firearm kits, it would have explicitly done so in the Gun Control Act of 1968.
“The majority instead blesses the Government’s overreach based on a series of errors regarding both the standard of review and the interpretation of the statute. I respectfully dissent,” Thomas wrote.
This decision contrasts with previous rulings by the conservative-leaning Supreme Court, which in recent years has expanded Second Amendment protections. Notably, in 2023, the Court struck down the Trump administration’s bump stock ban, rejecting the argument that the accessory transforms semi-automatic firearms into automatic weapons.
A Victory for the Biden Administration
The ruling represents a major win for the Biden administration’s gun control efforts. Under the new regulations, DIY gun kits purchased online or in stores must now include serial numbers, and buyers must undergo federal background checks, just as they would for a store-bought firearm. The administration has defended the rules as a necessary response to the increasing use of ghost guns in violent crimes.
Although the Supreme Court’s decision does not directly challenge the Second Amendment, it reinforces the federal government’s authority to regulate emerging firearm technologies under existing laws.
What’s Next? Will Trump Reverse Course?
As the 2024 election approaches, the future of gun regulations remains uncertain. Former President Donald Trump, now the presumptive Republican nominee, has signaled a review of all Biden-era gun policies. In February, he signed an executive order instructing the Attorney General to reassess regulations imposed by the ATF and determine whether they infringe on Second Amendment rights.
With this ruling, any attempt by a future Republican administration to roll back the ghost gun rules would likely require new litigation or congressional action. For now, however, the Supreme Court’s decision ensures that ghost gun kits will be treated like traditional firearms under federal law, a move that gun control advocates see as long overdue and gun rights groups view as an alarming expansion of federal power.
Conclusion
The Supreme Court’s decision in Garland v. VanDerStok solidifies the Biden administration’s push to regulate ghost guns amid concerns over their growing role in violent crime. While supporters of gun control celebrate the ruling as a common-sense measure, opponents, including Justices Thomas and Alito, warn of dangerous government overreach.
