The Supreme Court is set to hear a challenge on Tuesday to a Biden administration regulation concerning the ghost gun, which is an untraceable firearm that has seen a sharp rise in connection to criminal activity in recent years.
The regulation targets gun kits sold online that can be assembled into a fully functioning weapon in under 30 minutes. These completed guns lack serial numbers, making them nearly impossible to trace.
This rule was introduced in response to a surge in the number of ghost guns confiscated by police, increasing from fewer than 4,000 in 2018 to nearly 20,000 by 2021, according to Justice Department data.
Finalized after an executive order from President Joe Biden, the regulation requires manufacturers to treat these kits like traditional firearms by adding serial numbers, conducting background checks, and verifying that buyers are at least 21 years old.
Since the regulation’s implementation, the number of ghost guns has stabilized or decreased in major cities like New York, Los Angeles, Philadelphia, and Baltimore, as noted in court documents.
However, gun manufacturers and gun-rights advocates have challenged the rule, arguing that selling gun parts to hobbyists has long been legal and that most crimes involve traditional firearms. They claim the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority. “Congress is the entity responsible for determining how to address potential risks associated with a product,” wrote a coalition of over two dozen GOP-leaning states supporting the challengers in court filings.
U.S. District Judge Reed O’Connor in Texas sided with the challengers in 2023, striking down the regulation. The 5th Circuit Court of Appeals largely upheld that decision.
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The Biden administration, however, contends that existing law permits the government to regulate weapons that can “readily be converted” to fire. Solicitor General Elizabeth Prelogar warned that the 5th Circuit’s ruling would allow individuals to “purchase a kit online and assemble a fully operational gun within minutes — without a background check, records, or serial number.” This, she argued, would lead to an influx of untraceable ghost guns in communities across the U.S.
Last year, the Supreme Court sided with the Biden administration in a 5-4 decision, allowing the regulation to go into effect. Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberal justices to form the majority.
