Supreme Court upholds Biden rule requiring serial numbers and background checks for ghost guns

The Supreme Court has upheld a regulation from the Biden administration regarding ghost guns, which are difficult to trace firearms often assembled from kits. This 7-2 decision affirms the necessity of requiring serial numbers, background checks, and age verification for the sale of these kits online, amidst rising concerns over their use in criminal activities.

Justice Neil Gorsuch, writing for the majority, highlighted the dramatic increase in ghost gun sales, noting that while some individuals enjoy assembling these firearms, they have also become appealing to criminals. Federal data indicates a significant rise in ghost guns found at crime scenes, escalating from fewer than 1,700 in 2017 to around 27,000 in 2023.

Following the implementation of the federal rule, some cities observed a stabilization or decrease in ghost guns, with a reported 36% drop in the manufacturing of related gun parts. The regulation in question mandates that kits sold online, which contain components to easily build operable firearms, require the same oversight as traditional firearms.

This rule, known as the "frame and receiver" regulation, was prompted by high-profile incidents involving ghost guns, including a tragic mass shooting in Philadelphia. Opponents of the regulation, including various gun rights groups, argued in court that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) overstepped its authority by attempting to regulate firearm kits that individuals can legally assemble at home.

Dissenting opinion from Justice Clarence Thomas contended that these kits should be classified merely as firearm parts and should not fall under stringent regulations. While there are nuances in the construction times required for different kits, the majority opinion underlined that popular kits can be quickly converted into working firearms and thus warrant regulatory oversight.