Officer Ryan Fedo with a ghost gun at the Providence Police Department's firing range. C1063 00 14 18 21 Still012
Washington D.C. – The U.S. Supreme Court on Wednesday delivered a significant ruling on “ghost guns,” upholding Biden-era federal regulations that require mail-order kits for untraceable firearms to include serial numbers and undergo background checks for buyers. The 7-2 decision marks a rare victory for gun control advocates in a court with a conservative majority.
Justice Neil Gorsuch, writing for the majority, emphasized that the kits—often marketed as “Buy Build Shoot”—are designed to be quickly assembled into fully functional firearms, underscoring their intended use. “Perhaps a half hour of work is required before anyone can fire a shot,” Gorsuch noted. These mail-order kits, which allow individuals to build untraceable guns at home, have been linked to a rise in crime, with the number of ghost guns recovered by law enforcement increasing significantly in recent years.
According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), police found over 19,000 ghost guns at crime scenes in 2021, compared to just 1,600 in 2017. These untraceable weapons, sold without serial numbers or required background checks, have raised concerns among both law enforcement and gun control advocates. Critics argue that the kits make it easier for people prohibited from purchasing firearms—such as those with criminal records—to acquire them.
The Biden administration first imposed the new regulations in 2022, hoping to curb the growing problem. Under the new rules, manufacturers are required to include serial numbers on kits and perform background checks on buyers, bringing them in line with traditional gun sale regulations.
In his opinion, Gorsuch noted that technological advancements—such as 3D printing and improved materials—have made it easier for individuals to manufacture guns at home. In the past, creating firearms required expensive equipment, but with new technologies, anyone can purchase parts online and assemble a weapon in their own garage.
Despite this ruling, the Supreme Court’s decision is unlikely to end the debate over gun control in the U.S. The 6-3 conservative majority has shown a clear preference for loosening gun restrictions in other cases, such as when they struck down a ban on bump stocks in 2022. But the Court’s handling of ghost guns suggests that some justices may be willing to support regulatory measures if they are tied to addressing public safety concerns.
Justice Clarence Thomas dissented, arguing that the federal law does not cover unfinished firearm parts, such as those found in ghost gun kits. Gun rights groups, including the Firearms Policy Coalition, criticized the decision, claiming it oversteps government authority and infringes on the right to bear arms.
As ghost guns continue to rise in popularity, especially among individuals seeking to bypass traditional gun laws, Wednesday’s ruling reinforces the government’s ability to regulate these kits as firearms—an important step in the ongoing debate over gun control in America.
