Supreme Court Upholds Biden Administration “Ghost Gun” Regulations

In a stunning move, the U.S. Supreme Court backed a Biden administration regulation requiring serial numbers, background checks, and age verification to buy 80% kits online.

In a 7-2 decision authored by Justice Neil M. Gorsuch, the justices said that restrictions on so-called “ghost gun” kits were necessary to combat gun violence. Gorsuch acknowledged that though many lawful gun owners build 80% kits as a hobby, the unserialized aspect is attractive to criminals.

“Sales of these kits have grown ‘exponential[ly].’ Home hobbyists enjoy assembling them, but criminals also find them attractive,” the 27-page opinion reads. “Common sense suggests that a kit containing every part needed to build a gun is a good candidate for regulation.”

The case centers on a Biden-era rule enacted in 2022 by the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of President Biden. The Final Rule restricted the way in which consumers purchase 80% kits and unserialized frames. Under the regulations, retailers and manufacturers would have to be licensed to sell 80% kits. They would also be required to serialize components on the firearms so they can be tracked.

Additionally, consumers would have to undergo federal background checks, similar to when purchasing a full firearm.

At the time, President Biden said the regulations would reduce gun violence by keeping guns out of the hands of criminals.

“It’s not hard to put together. A little drill — hand drill at home. It doesn’t take very long. Anyone can order it in the mail…And, folks, a felon, a terrorist, a domestic abuser can go from a gun kit to a gun in as little as 30 minutes,” Biden explained in an address from the White House in 2022.

Gun rights groups disagreed, suing the administration over the regulations. In their arguments, 2A activists claimed the kits aren’t the problem but that criminals themselves are the issue.

“An administration that’s truly sincere and resolute about curbing violent crime rates would do one thing: take violent criminals off the streets immediately,” Andrew Arulanandam, NRA managing director of public affairs, told Fox News Digital.

Arguments began in October with the decision from the Supreme Court handed down today. The ruling in favor of gun regulations is a notable departure from the court’s previous opposition to gun regulations as well as administrative agency powers.

The decision isn’t without dispute, though. Conservative justices Clarence Thomas and Samuel A. Alito Jr. filed dissents.

“The Court’s expansive interpretation of the Gun Control Act effectively grants the ATF a license to rewrite the law under the guise of interpretation,” Alito said in his dissent. “By allowing regulation of unfinished parts and kits, the Court blurs the clear lines Congress established, leading to potential overreach.”

Gun rights supporters were disappointed with the Supreme Court opinion, though the National Rifle Association called on the Trump Administration to intervene.

“With a new administration in DC, the ATF should rescind this misguided rule that inhibits law-abiding Americans from exercising their constitutional rights,” the NRA posted on Twitter.

For a full look into the rule that kickstarted the case, head over to our in-depth article, Biden’s Comprehensive Gun Plan Explained.

This is a developing story, and we will keep you updated as more information from retailers and manufacturers becomes available.

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