U.S. Supreme Court to Deliberate on the Validity of Biden Administration’s Regulation on Ghost Guns

The U.S. Supreme Court is set to review the legality of the Biden administration’s regulation aimed at controlling “ghost guns”, untraceable firearms assembled from kits that have been linked to a surge in criminal activity. The administration is appealing a decision from a lower court, which held that the U.S. Bureau of Alcohol, Tabacco, Firearms and Explosives (ATF) exceeded its statutory authority by issuing the 2022 rule. This rule mandates that ghost gun components, such as partially complete frames and receivers, be treated as firearms, requiring serial numbers and background checks.

Plaintiffs, including gun parts manufacturing and advocacy groups such as the Firearms Policy Coalition and the Second Amendment Foundation, challenged the rule in federal court, arguing that the ATF unlawfully expanded its authority without Congressional authorization. The 5th U.S. Circuit Court of Appeals upheld the District Court’s ruling, finding that the agency acted outside its legislative mandate by attempting to regulate ghost guns.

The administration maintains that the regulation is critical for law enforcement, as ghost guns, lacking serial numbers, are difficult to trace and are often used by individuals prohibited from owning firearms. The Supreme Court’s decision could have significant implications for federal gun regulations and the broader debate on firearms control in the United States.