The Supreme Court upheld a federal rule targeting ghost guns on Wednesday, preserving a key Biden-era regulation that treats “readily convertible” gun kits, commonly referred to as “ghost guns” due to their often untraceable characteristics, as firearms under federal law.
Justice Neil Gorsuch, writing for the 7-2 majority, concluded that the Bureau of Alcohol, Tobacco, Firearms, and Explosives acted within its authority when it issued a 2022 rule clarifying that gun control laws apply to kits that can be easily assembled into functioning firearms. “The ATF’s rule is not facially inconsistent with the Gun Control Act,” Gorsuch wrote, pointing to dramatic increases in ghost gun recoveries by law enforcement.
The decision reverses a lower court ruling that struck down the ATF regulation. The opinion was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson.
Justices Clarence Thomas and Samuel Alito dissented. Thomas warned the majority had overstepped by expanding the statutory definition of a firearm. “The majority … blesses the Government’s overreach,” Thomas wrote. “Weapon-parts kits themselves do not meet the statutory definition of ‘firearm.’ That should end the case.”
SUPREME COURT LOOKS POISED TO UPHOLD ATF ‘GHOST GUNS’ RULE
The case, VanDerStok v. Bondi, comes at a time when ghost guns have been increasingly linked to violent crime.
Tuesday’s ruling hands a win to gun control advocates while preserving regulatory authority for future administrations.