In a landmark decision, the U.S. Supreme Court rules 7-2 in favor of the Biden administration’s regulations on so-called “ghost guns,” affirming that build-it-yourself firearm kits sold online are subject to the same federal rules as fully assembled guns. The ruling, delivered by Justice Neil Gorsuch, marks a critical step in the government’s effort to regulate the growing use of untraceable firearms, which law enforcement agencies across the country have identified as a significant threat to public safety.
The Biden-era regulation, implemented in 2022 through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), requires that gun kit manufacturers include serial numbers on all parts, maintain detailed sales records, obtain a federal license to sell, and conduct background checks on buyers. These rules mirror those already in place for traditional firearms and are intended to close a loophole that previously allowed buyers to bypass federal firearm regulations by assembling guns from kits at home.
The decision overturns a lower court ruling by a Texas federal judge, who found that ghost gun kits do not meet the legal definition of a “firearm” and therefore cannot be regulated under the Gun Control Act. That ruling had briefly disrupted enforcement efforts before the Supreme Court intervened with a stay last year to allow the regulations to remain in place pending a final review.
Justice Gorsuch, writing for the majority, rejects the lower court’s reasoning, stating that the law’s text and purpose make clear that weapon parts kits intended to be assembled into functioning firearms fall within the regulatory scope of the ATF. He adds that failing to regulate such kits would create a dangerous loophole that undermines federal firearm laws designed to ensure accountability and traceability.
The case draws national attention as the debate over ghost guns escalates. These kits, often purchased online without background checks, can be assembled by individuals with no prior firearm knowledge. They lack serial numbers, making them virtually untraceable in criminal investigations. Law enforcement agencies across the country have reported a sharp rise in ghost guns recovered at crime scenes, including those used in mass shootings, robberies, and homicides.
President Biden first announced his crackdown on ghost guns in April 2022, calling it a crucial step in the fight against gun violence. “If you buy a kit to build a gun, you should be held to the same rules as if you bought a gun at a store,” Biden said at the time. The rule was quickly challenged by gun rights groups and conservative attorneys general, leading to a series of legal battles that culminated in this Supreme Court ruling.
Gun rights advocates argue that the regulation overreaches federal authority and infringes on Second Amendment rights. However, the majority of justices side with the administration, emphasizing public safety and the need to modernize firearm regulations to address evolving threats. Justices Clarence Thomas and Samuel Alito dissent, raising concerns about executive overreach and regulatory ambiguity.
The decision is also politically significant. The Trump administration had shown skepticism toward ghost gun regulations, and it remains unclear whether a future administration led by Donald Trump would seek to repeal the rule. Trump and many Republicans have criticized Biden’s gun control efforts as excessive, while Democrats have hailed the ghost gun rule as a common-sense measure to protect American communities.
This ruling solidifies the federal government’s ability to regulate ghost guns, likely shaping future debates over gun policy and setting a precedent for how courts interpret firearm definitions under federal law. It also underscores the growing urgency in Washington to address untraceable weapons, especially as violent crime continues to be a major concern in cities across the U.S.
Sources:
- https://youtu.be/mL_aALUKRrY
- https://www.nbcnews.com/politics/supreme-court/supreme-court-upholds-biden-ghost-gun-rules-rcna145659
- https://apnews.com/article/supreme-court-ghost-guns-biden-ruling-f27528d2a6b1044cbb68b299df17f4d1
- https://www.reuters.com/legal/us-supreme-court-upholds-biden-ghost-gun-crackdown-2025-03-25
- https://www.nytimes.com/2025/03/25/us/ghost-guns-supreme-court-biden.html
