The Supreme Court on Wednesday preserved a key Biden-era regulation that treats “readily convertible” gun kits, which are commonly referred to as “ghost guns,” 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 that are difficult to trace.
“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.
“Perhaps a half hour of work is required before anyone can fire a shot,” Gorsuch wrote. “But even as sold, the kit comes with all necessary components, and its intended function as an instrument of combat is obvious. Really, the kit’s name says it all: ‘Buy Build Shoot.'”
The decision, which also included images of the gun parts kits to show direct examples of the matters at hand, 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 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.”
The case, VanDerStok v. Bondi, came at a time when ghost guns have been increasingly linked to violent crime.
SUPREME COURT LOOKS POISED TO UPHOLD ATF ‘GHOST GUNS’ RULE
Tuesday’s ruling hands a win to gun control advocates while preserving regulatory authority for future administrations.
“We’ve seen how the rise in ghost guns has contributed to increases in crime and gun deaths in communities across the United States,” said David Pucino, legal director and deputy chief counsel at Giffords Law Center.
