Supreme Court Maintains Federal Prohibition on ‘Ghost Guns’
In a 7-2 decision, Justice Neil Gorsuch stated that the regulations are allowed under the Gun Control Act of 1968.
TroibNews 
On Wednesday, the Supreme Court upheld the federal government's ban on ghost guns, which are effectively untraceable firearms that can be easily assembled from parts kits commonly purchased online.
In a 7-2 decision, four conservative justices and three liberal justices affirmed the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to regulate these kits, which are used to create guns without serial numbers and are often sold without background checks. Such weapons are frequently utilized in criminal activities.
Justice Neil Gorsuch, who authored the majority opinion, stated that the regulations align with the Gun Control Act of 1968. Dissenting opinions were offered by Justices Clarence Thomas and Samuel Alito.
Following his inauguration in 2021, President Joe Biden initiated measures to ban ghost guns, and the regulation was finalized the following year. In a 2023 ruling, the Supreme Court voted 5-4 to allow the ban to take effect during the early stages of ongoing legal challenges in lower courts. Gorsuch joined Thomas, Alito, and Justice Brett Kavanaugh in dissenting from that decision. However, in the recent ruling, Gorsuch and Kavanaugh changed their stance by joining the liberal justices, Chief Justice John Roberts, and Justice Amy Coney Barrett in supporting the regulation.
This decision, which disappointed gun-rights advocates, may intensify criticism directed at President Donald Trump’s three nominees: Gorsuch, Kavanaugh, and Barrett. Barrett, in particular, has recently faced scrutiny for perceived shortcomings in her support for conservative views.
Despite this setback for pro-gun groups challenging the ghost-gun ban, the Trump administration did not take a different stance on the issue after his return to office in January. Although gun-rights advocates were placed in the ATF, the administration chose not to withdraw the regulation.
“The [Gun Control Act] embraces, and thus permits ATF to regulate, some weapon parts kits and unfinished frames or receivers,” Gorsuch noted. He elaborated that Congress explicitly classified a starter’s gun used for athletic competitions as a weapon due to its potential for conversion to fire bullets.
“A person without any specialized knowledge can convert a starter gun into a working firearm using everyday tools in less than an hour,” Gorsuch explained. He pointed out that one of the kits assessed by lower courts “requires no more time, effort, expertise, or specialized tools to complete.”
Gorsuch further clarified that the ruling does not imply that every collection of parts could be treated by ATF as a finished weapon. Future challenges, however, would have to be evaluated on a case-by-case basis.
Debra A Smith for TROIB News
In a 7-2 decision, four conservative justices and three liberal justices affirmed the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to regulate these kits, which are used to create guns without serial numbers and are often sold without background checks. Such weapons are frequently utilized in criminal activities.
Justice Neil Gorsuch, who authored the majority opinion, stated that the regulations align with the Gun Control Act of 1968. Dissenting opinions were offered by Justices Clarence Thomas and Samuel Alito.
Following his inauguration in 2021, President Joe Biden initiated measures to ban ghost guns, and the regulation was finalized the following year. In a 2023 ruling, the Supreme Court voted 5-4 to allow the ban to take effect during the early stages of ongoing legal challenges in lower courts. Gorsuch joined Thomas, Alito, and Justice Brett Kavanaugh in dissenting from that decision. However, in the recent ruling, Gorsuch and Kavanaugh changed their stance by joining the liberal justices, Chief Justice John Roberts, and Justice Amy Coney Barrett in supporting the regulation.
This decision, which disappointed gun-rights advocates, may intensify criticism directed at President Donald Trump’s three nominees: Gorsuch, Kavanaugh, and Barrett. Barrett, in particular, has recently faced scrutiny for perceived shortcomings in her support for conservative views.
Despite this setback for pro-gun groups challenging the ghost-gun ban, the Trump administration did not take a different stance on the issue after his return to office in January. Although gun-rights advocates were placed in the ATF, the administration chose not to withdraw the regulation.
“The [Gun Control Act] embraces, and thus permits ATF to regulate, some weapon parts kits and unfinished frames or receivers,” Gorsuch noted. He elaborated that Congress explicitly classified a starter’s gun used for athletic competitions as a weapon due to its potential for conversion to fire bullets.
“A person without any specialized knowledge can convert a starter gun into a working firearm using everyday tools in less than an hour,” Gorsuch explained. He pointed out that one of the kits assessed by lower courts “requires no more time, effort, expertise, or specialized tools to complete.”
Gorsuch further clarified that the ruling does not imply that every collection of parts could be treated by ATF as a finished weapon. Future challenges, however, would have to be evaluated on a case-by-case basis.
Debra A Smith for TROIB News
