Supreme Court Upholds Regulation on “Ghost Gun” Kits

In a significant decision, the Supreme Court has affirmed the Biden administration’s measures to regulate “ghost gun” kits, which enable individuals to assemble firearms with parts purchased online. This ruling aligns these kits with the same regulatory standards as firearms acquired from traditional stores.

Details of the Ruling

The court delivered a 7-2 verdict, with Justice Neil Gorsuch authoring the majority opinion. He stated that these kits fall under the federal Gun Control Act, dismissing the arguments presented by the opposition. The decision indicates that while some kits requiring extensive assembly might not be regulated, the majority will be.

Joining the majority were the court’s three liberal justices and four conservative justices. However, conservative Justices Clarence Thomas and Samuel Alito dissented, expressing concerns over governmental overreach.

Reactions to the Decision

The ruling has been met with approval from gun control advocates who emphasize the public safety risks posed by unregulated firearms. Kris Brown, president of the Brady group, celebrated the decision as a victory for public safety and rational policy, comparing the ease of assembling ghost guns to building Ikea furniture.

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On the other hand, gun rights groups expressed disappointment. The Firearms Policy Coalition remarked that the decision was only a setback in the ongoing struggle for gun rights and governmental scope.

Implications of the Regulation

Since August 2022, the regulation has required manufacturers and sellers of these kits to obtain licenses, mark products with serial numbers, conduct background checks, and maintain records. This regulatory framework aims to curb the ease with which criminals can obtain these untraceable firearms.

Legal and Constitutional Considerations

The legal challenge was initiated by individuals and groups who argued that the ATF overstepped its authority by applying the Gun Control Act to ghost gun kits. The Supreme Court’s decision did not directly address Second Amendment rights but focused on the application of existing federal law.

Historically, the court has supported gun rights in several cases, including decisions on bump stocks and the individual right to bear arms. However, this ruling represents a nuanced approach to balancing gun rights with regulatory oversight.

The Department of Justice reaffirmed its commitment to defending Second Amendment rights while supporting the regulation as a necessary measure for public safety.

Despite the setback for gun rights advocates, the battle over gun control and regulatory reach continues, with potential future challenges and adjustments to the regulatory landscape.