Supreme Court reinstates regulation of ghost guns, firearms without serial numbers

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The U.S. Supreme Court has moved to restore regulations that limit the spread of ghost guns, or firearms that lack serial numbers and have been increasingly found at crime scenes across the country. The court voted 5-4 on Tuesday to suspend a ruling from a Texas federal judge, which had struck down the Biden administration’s regulation of ghost gun kits. The regulation will remain in force while the administration appeals to the 5th U.S. Circuit Court of Appeals in New Orleans, and possibly the Supreme Court later.

The majority in the court was formed by Chief Justice John Roberts, Justice Amy Coney Barrett, and the three liberal justices, while Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas voted against it. There was no explanation given by either side.

The Justice Department highlighted the significant increase in ghost guns found at crime scenes, with more than 19,000 seized in 2021, a tenfold increase over a five-year period.

Solicitor General Elizabeth Prelogar emphasized the importance of public safety in a court filing, arguing that the need to control ghost guns far outweighed the minimal costs incurred by the regulation.

The reinstated rule, issued last year, redefines a firearm under federal law to include unfinished parts like handgun frames or long gun receivers, enabling easier tracking. Such parts must now be licensed, serialized, and subject to background checks like other commercially produced firearms. The rule applies to all forms of creation, including those from kits or 3D printers, but does not prevent the purchase of kits or firearms.

U.S. District Judge Reed O’Connor had previously struck down the rule, asserting it went beyond the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and called for Congress to possibly amend the law.

The decision to restore the regulation was met with frustration by some in the gun community, who claimed the ATF had overstepped its bounds. Conversely, gun violence prevention advocates such as the Giffords Law Center applauded the court’s decision, emphasizing the importance of treating ghost gun kits as the firearms they represent, a step they believe will save lives.

Further details on the Supreme Court’s activities can be found at AP’s U.S. Supreme Court coverage.

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• AP’s U.S. Supreme Court coverage
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• Firearms Policy Coalition Action Foundation