In 2022, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) claimed The Gun Control Act of 1968 permitted it to regulate so-called "ghost guns." Ghost guns are untraceable firearms often created using kits or 3D printers that do not have a serial number attached to them. ATF claims that these guns have soared in popularity in recent years, particularly among people otherwise prohibited from owning a firearm.
While some kits may need specialized tools or knowledge to create a gun, others come ready-made to turn into a functional handgun with common tools in under 30 minutes. The ATF regulation forces manufacturers to apply serial numbers, conduct background checks, and keep a sales record, as with any other firearm.
Is a Gun More Than the Sum of Its Parts?
Several gun owners and a gun rights organization challenged the regulation, claiming the kits were not firearms subject to regulation by the ATF. Instead, they argued the kits were separate products and items that could be used in various applications, even if most buyers used them to create untraceable firearms.
A federal district court in Texas agreed, holding that the regulation exceeded the ATF's statutory authority. The Fifth Circuit Court of Appeals largely upheld the district court. The Biden administration appealed.
Supreme Court Allows Ghost Gun Regulations
On March 26, the Supreme Court reversed. Authored by Justice Neil Gorsuch, the majority held in a 7-2 decision that some ghost gun kits met the definition of a firearm under federal law. The relevant provision in federal law defines a gun as any weapon "which will or is designed to or may readily be converted to expel a projectile by the action of an explosive."
Which specific kits can be regulated? That wasn't a question SCOTUS decided. It held that the plaintiffs were making a facial challenge to the regulation, arguing that any regulation of ghost guns exceeded ATF's authority. In the Court's opinion, this went too far. While it may be possible for some gun kits to continue to sell to consumers without a serial number or background checks, the ATF does have the authority to regulate at least some kits, just as it does with disassembled firearms.
Specifically, Gorsuch wrote that the ATF can regulate a gun kit if:
- There is a weapon
- The weapon can "expel a projectile by the action of an explosive" or
- The kit is "susceptible of ready conversion to operate that way"
This includes some unfinished gun frames and receivers sold through kits.
Thomas and Alito Dissent
Justice Clarence Thomas dissented, claiming the majority "invented" statutory language. He would have held that unfinished frames and receivers are not subject to ATF regulation. Meanwhile, Justice Samuel Alito took issue with the majority's framework, believing the plaintiffs did not intend to bring a facial challenge to the regulation. Alito argued that the case should have been sent back down to the Fifth Circuit to determine whether the plaintiffs were bringing a facial challenge.
What Does It All Mean?
In light of the Supreme Court's ruling, manufacturers must avoid selling ready-made gun kits or providing 3D blueprints to create guns without requiring specialized tools or knowledge.
If in doubt, manufacturers can seek guidance from the ATF. Creating a gun from parts may require more effort for consumers and gun enthusiasts. For people already prohibited from owning a firearm, it will be more difficult to side-step federal law by creating an unlicensed firearm.
Related Resources
- State Gun Control Laws (FindLaw's Learn About the Law)
- Ghost Guns Haunt SCOTUS (FindLaw's Federal Courts)
- Supreme Court Denies Challenge to Law Prohibiting Guns for People Under Restraining Orders (FindLaw's Federal Courts)
