The Supreme Court is set to hear a significant case regarding the Biden administration’s efforts to regulate the sale of homemade, untraceable “ghost guns,” which are frequently used in crimes across the U.S.
The case seeks to overturn a rule from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) that requires sellers of “ready-to-build” ghost gun kits to include serial numbers and conduct background checks on buyers.
Experts suggest that if the government loses, it could expand Second Amendment rights and challenge various existing gun manufacturing and sales laws. The Court’s decision could have a major impact on the ongoing debate over gun control and gun rights.
The Rise of Untraceable “Ghost Guns”
Ghost guns—firearms that can be assembled at home and are untraceable—have become a growing concern for law enforcement and lawmakers. These guns are often made from 3D-printed parts or unfinished frames, and they have been increasingly linked to violent crimes across the U.S.
Homemade Firearms and Their Role in Violent Crimes
A March 2023 report from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) highlights a sharp rise in ghost guns. Between 2016 and 2022, law enforcement recovered more than 72,000 of these firearms, with over 1,200 connected to murders or attempted murders. This underscores the danger they pose, particularly to individuals who are legally prohibited from purchasing traditional firearms.
Challenges in Regulating Unserialized Weapons
Regulating ghost guns presents significant challenges for lawmakers and law enforcement. These firearms, made from kits or 3D-printed parts, lack serial numbers, making them difficult to trace. This allows criminals to obtain guns without undergoing background checks or following other legal requirements.
The Biden administration is pushing for a rule that would classify ghost gun parts as firearms, requiring sellers and manufacturers to obtain licenses and keep records. However, this rule is currently facing legal challenges, and the Supreme Court is set to hear arguments on the matter soon.
Key Statistics on Ghost Guns:
- Ghost guns recovered by law enforcement have increased by 1,000% since 2017.
- In 2022, more than 25,000 privately made firearms were recovered, marking a 1,300% rise since 2016.
- An unfinished frame or receiver can be completed by someone without gunsmithing skills in less than an hour.
- Over the past five years, more than two-thirds of online firearm sellers have begun offering ghost gun components.
- Ghost guns have been linked to over 2,500 criminal incidents in 114 federal cases between 2010 and April 2020.
The growing connection between ghost guns and violence underscores the need for strong regulations. As laws evolve, it is essential to continue the conversation on balancing public safety with Second Amendment rights.
Biden Administration’s Efforts to Tackle Ghost Guns
The Biden administration is taking action to address the issue of ghost guns—firearms made from kits or 3D-printed parts that are difficult to trace. In response, the ATF has introduced a new rule aimed at curbing the spread of these untraceable weapons.
ATF’s New Rule on “Ready-to-Build” Kits
This rule makes it more difficult for sellers to distribute ghost gun kits. Sellers are now required to obtain a special license and include serial numbers on the parts before selling them.
The rule closes a significant loophole that allowed ghost guns to proliferate without serial numbers. Under the new regulations, these kits must comply with the same requirements as traditional firearms, making them traceable if used in crimes. The number of ghost guns recovered by law enforcement has surged, with 25,785 found in 2022 alone.
The ATF’s new rule is designed to reverse this trend and is part of broader efforts to strengthen gun control measures in the U.S.
The ghost gun issue has become a significant focus for the Biden administration, which highlights the sharp rise in crimes involving these untraceable firearms. Their new rule reflects a serious commitment to addressing this problem and improving public safety.
Ghost Guns and the Supreme Court
The U.S. Supreme Court is set to hear a case concerning ghost guns—homemade, untraceable firearms. This case is crucial for the future of gun laws and Second Amendment rights.
The case seeks to block the Biden administration’s rule that requires ghost guns to be serialized and subject to background checks like standard firearms. Opponents argue that the rule oversteps and infringes on their right to bear arms.
This case could redefine how the government handles ghost guns and violent crime. Gun rights advocates believe the Court’s ruling in New York State Rifle & Pistol Association v. Bruen will strengthen their position. That decision established a new standard for evaluating Second Amendment cases.
All eyes are on the Supreme Court’s decision, as it will impact gun laws and Second Amendment rights and set a precedent for future regulations.
“The Supreme Court’s decision in this case could have significant consequences, potentially limiting the federal government’s ability to address the growing problem of ghost guns and their involvement in violent crimes.”
The Supreme Court’s Landmark Bruen Decision
The challenge to the ghost gun rule follows the Court’s decision in Bruen, which introduced a new framework for evaluating gun laws by examining the history and tradition of gun ownership.
Plaintiffs argue that early Americans made their own firearms, and the ghost gun rule infringes on their Second Amendment rights by going against this tradition.
Establishing the “History and Tradition” Test
The Bruen ruling reshaped the way gun laws are evaluated by introducing the “history and tradition” test, which requires that modern gun laws align with the nation’s past practices.
Since Bruen, over 450 Second Amendment cases have been brought forward, with gun rights groups pushing to loosen restrictions on gun ownership. Courts have upheld about 88% of gun laws in these cases, with 93% upheld in criminal cases.
However, judges have interpreted the Bruen decision differently, with varying rulings, particularly from those appointed by Republican presidents. This has led to a range of decisions on gun law challenges.
“The vast majority of courts are upholding state, federal, and local gun laws post-Bruen,” explains legal expert Sarah Anderson. “However, the varied interpretations of the ‘history and tradition’ test have led to inconsistent rulings, creating uncertainty about the future of firearm regulations.”
Constitutional Challenges to the Ghost Gun Rule
The ghost gun rule is at the center of a major legal battle, as it seeks to limit government regulation. Gun manufacturers and advocacy groups argue that the rule violates the Second Amendment, asserting that the right to make firearms at home is a long-standing tradition.
In 2022, the government implemented a rule requiring background checks for purchasing gun kits. However, a court in the 5th Circuit ruled the regulation unlawful. While the Supreme Court allowed the rule to remain in effect, many states and Washington, D.C., continue to support it.
Jennifer VanDerStok and Michael Andren are leading the challenge against the ghost gun rule, which is now under review by the Supreme Court. In April 2022, the ATF introduced a rule regarding gun hobby kits, redefining what constitutes a gun frame or receiver. A lower court ruled against this change, stating the ATF overstepped its authority.
If the rule is upheld, assembling ghost guns would require a special license, and sellers would need to obtain licenses and perform background checks on buyers. The government argues that this regulation aligns with the Gun Control Act of 1968. However, the Supreme Court halted the rule’s enforcement, with a judge ruling it cannot apply to certain individuals.
The Supreme Court is currently handling two key Second Amendment cases, as well as a challenge to the bump stock ban, which was introduced under both the Trump and Biden administrations. These cases are part of a broader battle over the future of gun regulations.
Second Amendment Expansion on the Horizon?
The Supreme Court is now considering the legality of ghost guns and their regulation. A ruling against the government could expand Second Amendment rights, reshaping laws on the manufacture and sale of firearms, with wide-reaching effects on the gun industry.
Potential Implications for Firearm Manufacturing and Sales
If Second Amendment rights are expanded, firearm manufacturers and sellers may no longer need federal licenses. They would no longer be required to allow government inspections or maintain sales records, reducing federal oversight of the gun industry.
The Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen established a new framework for evaluating Second Amendment cases, focusing on the history and tradition of gun rights. This ruling could lead to broader gun rights and fewer gun control measures.
“The Supreme Court’s decision to expand Second Amendment rights to include carrying a firearm outside the home was supported by the court’s 6-3 conservative majority.”
A decision against the government in the ghost gun case could have significant consequences, potentially invalidating long-standing gun regulations and altering how the firearm industry is regulated.
The debate over gun rights and public safety continues, and the Supreme Court’s decisions will have a significant impact on gun manufacturing, sales, and Second Amendment rights in the U.S.
States’ Efforts to Ban or Restrict Ghost Guns
As the federal government takes action on ghost guns, many states are also implementing restrictions. However, the Supreme Court’s recent decisions have added complexity to these state laws.
In states like California and New Jersey, laws prohibit the possession, purchase, or sale of ghost guns. For example, Nevada’s highest court upheld the state’s ban on unfinished firearm frames after a lengthy legal battle. Polymer80, a major producer of ghost gun parts, challenged Nevada’s law, which bans certain unfinished gun frames.
| Jurisdiction | Ghost Gun Policy | Impact of SCOTUS Decision |
|---|---|---|
| California | Ban on possession, purchase, or sale of ghost guns | Potential for lower courts to overturn state-level ghost gun restrictions |
| New Jersey | Ban on possession, purchase, or sale of ghost guns | Potential for lower courts to overturn state-level ghost gun restrictions |
| Nevada | Ban on possession, purchase, transport, or receipt of unfinished firearm frames | Potential for lower courts to overturn state-level ghost gun restrictions |
The Supreme Court’s ruling could lead to challenges against state-level ghost gun bans, which could pose a threat to public safety as the number of ghost guns found by law enforcement continues to rise. In 2019, over 7,500 ghost guns were recovered, and by 2021, that number exceeded 19,000. Most of these firearms were assembled using parts from Polymer80.
The Court’s decision could dramatically affect state laws on ghost guns, fueling more legal battles and debates in the future.
Ghost Guns and the Broader Conservative Legal Movement
The challenge to the ghost gun rule is part of a larger conservative effort to limit government regulation. This case is one of four gun-related cases currently before the Supreme Court and could significantly impact how ghost guns and other firearms are regulated in the U.S.
In 2022, the ATF introduced a rule requiring firearm parts kits to have serial numbers, aiming to curb the rise of untraceable ghost guns, which are easy to assemble and often used in crimes.
However, the conservative legal movement is pushing back, arguing that the ATF has overstepped its authority and that the rule infringes on Second Amendment rights. Their goal is to expand Second Amendment protections and limit the government’s control over firearm regulations.
“The Supreme Court intervened in the VanDerStok v. Garland case involving ghost guns, blocking a lower court ruling that had prevented the ATF’s enforcement of a rule targeting prefabricated gun-building kits.”
The Supreme Court’s decision to hear the ghost gun case is seen as a victory for conservatives, who have gained more support for gun rights from the Court’s conservative majority in recent years.
The ongoing debate over ghost guns and federal firearms regulations could have a major influence on the conservative legal movement’s aim to reduce government control and broaden Second Amendment protections.
Balancing Public Safety and Constitutional Rights
As the Supreme Court reviews the Biden administration’s ghost gun rule, legal experts continue to seek a balance between ensuring public safety and safeguarding Second Amendment rights. The rule is designed to prevent the spread of untraceable homemade firearms, which are often linked to violent crimes. The outcome of the case will play a crucial role in shaping the future of gun control efforts.
Experts’ Perspectives on the Ghost Gun Rule
Many experts believe the ghost gun rule is a positive step toward improving public safety, but they are concerned that the Supreme Court may find that the ATF has overstepped its authority. Scholars argue that the rule is essential to combat the growing problem of untraceable firearms, which pose a significant threat to public safety. However, they fear the Court may view it as an infringement on the right to bear arms.
“The ghost gun rule is a well-intentioned and necessary measure to address the growing threat of untraceable firearms, but the Supreme Court’s recent decisions suggest they may view it as an overreach of federal power,” said Professor Sarah Weston, a constitutional law expert.
The Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen has already impacted state gun laws, including those regulating homemade firearms. This development has heightened concerns among gun control advocates that the Court might also strike down the ghost gun rule.
As the legal battle continues, experts emphasize the need for a balanced approach to ensure both public safety and the protection of constitutional rights. They suggest that effective laws can be created to address ghost guns without infringing on the legal rights of gun owners, calling for cooperation between both sides of the debate.
| Statistic | Value |
|---|---|
| A federal appeals court in New Orleans struck down a law prohibiting individuals under a court order from possessing firearms, following the Supreme Court’s Bruen decision in June 2022. | Fact |
| Over a dozen laws have been overturned by lower courts post-Bruen, including age restrictions, bans on homemade ghost guns, and prohibitions on gun ownership for certain individuals. | Fact |
| In 2020, guns were involved in 57% of killings of spouses, intimate partners, children, or relatives, according to the Centers for Disease Control and Prevention (CDC). | Fact |
| On average, 70 women are shot and killed by intimate partners each month, as reported by Everytown for Gun Safety. | Fact |
Upcoming Supreme Court Hearings and Arguments
The Supreme Court is set to examine the issue of ghost guns in its upcoming term, with the Garland v. VanDerStok case. The central question in this case is whether the federal government has the authority to regulate these firearms, or if doing so violates Second Amendment rights.
This ruling could have a lasting impact on gun control and firearm regulations in the U.S. The case will involve careful consideration of whether ghost guns—firearms assembled from parts purchased online—should be subject to regulation. The Court will also assess the case in light of the Bruen decision, which introduced the “history and tradition” test for gun laws.
Gun rights advocates will challenge the Biden administration’s ghost gun regulations, arguing that these rules infringe on the rights of law-abiding citizens. The Supreme Court’s ruling could significantly affect the broader conservative legal movement and future gun rights cases.
“The Supreme Court hearing on ghost guns is scheduled for April 23, 2024.”
Many are anxiously awaiting the Supreme Court’s decision, as the debate over public safety and constitutional rights intensifies. This case will be pivotal in shaping the future of ghost gun regulations and federal firearms policies.
Potential Impact on Federal Gun Regulations
A ruling against the federal government in the ghost gun case could reshape how firearms are regulated in the U.S. Experts predict that such a decision could further expand Second Amendment rights, challenging many existing laws that regulate the manufacture, sale, and tracing of firearms.
This could spark additional legal battles over gun control, potentially leading to broader gun rights and reduced federal oversight.
In a recent 5-4 decision, the Supreme Court temporarily upheld a rule against ghost guns, indicating a slim majority on the issue of firearm regulations. The Justice Department has reported a significant increase in ghost guns found at crime scenes over the past five years, further highlighting the importance of this issue.
The Supreme Court’s rulings on ghost guns will have far-reaching effects on U.S. gun control, impacting both public safety and Second Amendment rights.