The Supreme Court has decided to hear a case that will determine whether the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has the authority to regulate so-called ‘ghost gun’ kits. These kits contain the parts necessary to assemble a functional firearm, but they do not have serial numbers and can be purchased without a background check.
The Biden administration has asked the Court to overturn a lower court decision that struck down a rule meant to regulate these kits. The rule, which was issued in 2022, defines a ‘firearm’ as any weapon that can be readily converted into a working gun. The administration argues that this definition is necessary to prevent the proliferation of untraceable guns, which pose a threat to public safety.
The challengers to the rule, which include weapon parts kit makers, argue that the ATF’s definition of ‘firearm’ is too broad. They contend that the rule goes beyond the scope of the Gun Control Act of 1968, which defines a firearm as a weapon that is designed or redesigned to expel a projectile by the action of an explosive. They also argue that the rule is unconstitutional because it infringes on the Second Amendment right to bear arms.
The Supreme Court’s decision in this case will have a significant impact on the regulation of ghost guns. If the Court upholds the rule, the ATF will have the authority to regulate the sale of these kits. If the Court strikes down the rule, the ATF will not have the authority to regulate ghost guns, and they will be able to be purchased and assembled without any background checks or serial numbers.