In a significant ruling, the U.S. Supreme Court on Wednesday upheld federal regulations introduced by the Biden administration aimed at curbing the rise of “ghost guns”—untraceable firearms that can be assembled at home from kits purchased online. The decision marks a rare but notable win for gun control advocates at a court dominated by a conservative majority.
The 7-2 decision, written by Justice Neil Gorsuch, brought together both liberal and conservative justices. It addressed one of the year’s most closely followed cases involving gun regulation, according to CNN.
“Perhaps a half hour of work is required before anyone can fire a shot,” Justice 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 case challenged rules implemented by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in 2022, which require companies selling ghost gun kits to assign serial numbers to them and conduct background checks on buyers. The Biden administration introduced these measures in response to growing concerns from law enforcement over the rising use of untraceable firearms in criminal activities.
Back in 2017, authorities recovered roughly 1,600 ghost guns from crime scenes. Just four years later, that number had surged to over 19,000, highlighting the increasing threat posed by these DIY firearms.
Justice Gorsuch noted that advancements in technology, such as 3D printing and the use of reinforced polymers, have dramatically changed the way firearms are manufactured and sold since Congress passed the Gun Control Act in 1968.
“At that time, the cost of materials and equipment made it impractical for most individuals to manufacture guns at home,” he wrote. “Today, however, it’s a different story. Companies now offer easy-to-assemble kits that allow individuals to build fully functional firearms in the comfort of their own homes.”
Though the case didn’t revolve around the Second Amendment directly, it thrust the issue of gun regulation back into the spotlight, particularly under a conservative Supreme Court that has recently rolled back several firearm restrictions.
Last year, the Court struck down a federal ban on bump stocks—devices that can convert semi-automatic rifles into rapid-fire weapons capable of discharging hundreds of rounds per minute. However, the Court appeared more divided on the ghost gun issue.
When the Supreme Court first weighed in on the Biden administration’s rules through its emergency docket, it voted 5-4 to let the regulations remain in effect while the legal battle continued—hinting at how the justices might ultimately rule.
Under the 1968 Gun Control Act, licensed gun dealers are required to conduct background checks, maintain records of sales, and assign serial numbers to all firearms sold. The ATF argued that since ghost gun kits contain all the parts necessary to make a complete weapon and can be quickly assembled, they should be regulated under the same law.
Importantly, the rule does not ban the sale or ownership of ghost gun kits. Instead, it mandates that these kits must carry serial numbers and be sold only after buyers pass background checks—just like other firearms.
Critics argue that ghost guns appeal to individuals who might otherwise fail a background check, such as convicted felons or those with mental health issues. Their untraceable nature makes them especially attractive for illicit use.
In his dissent, Justice Clarence Thomas criticized the majority’s interpretation of federal law, accusing them of endorsing what he described as executive overreach.
“Congress could have authorized the ATF to regulate any part of a firearm or any object readily convertible into one. But it did not,” Thomas wrote. “I would adhere to the words Congress enacted.”
During oral arguments in October, several conservative justices, along with their liberal counterparts, appeared unconvinced by the argument that these kits were primarily used by gunsmithing hobbyists. Chief Justice John Roberts dismissed the comparison between assembling gun kits and restoring vintage cars.
“Drilling a hole or two doesn’t offer the same satisfaction as working on your car over the weekend,” Roberts quipped. “My understanding is that assembling one of these kits isn’t especially difficult.”
Multiple lawsuits were filed against the ATF’s rule by advocacy groups and five companies that manufacture ghost gun kits. They claimed the regulation was illegal, arguing that the kits were simply firearm parts, not weapons themselves.
A U.S. District Court in Texas initially sided with the manufacturers and struck down the rule. The conservative-leaning 5th U.S. Circuit Court of Appeals agreed. However, the Supreme Court’s decision overrides those lower court rulings, allowing the Biden administration’s rules to stand.