Supreme Court Upholds Regulations on Ghost Guns in Landmark Ruling

In a landmark decision, the U.S. Supreme Court has upheld federal regulations on "ghost guns," ruling 7-2 in favor of maintaining restrictions on these untraceable firearms. The ruling, delivered on March 26, 2025, reinforces the government's authority to regulate firearms lacking serial numbers, which are often assembled from kits and have been increasingly linked to criminal activities.

Ghost guns are privately made firearms that lack serial numbers, rendering them untraceable by law enforcement. These weapons can be assembled from kits or created using 3D printers, allowing individuals to manufacture functional firearms without background checks or oversight. The ease of access and assembly has led to a significant increase in their use in criminal activities. In 2021, local law enforcement agencies recovered more than 19,000 ghost guns at crime scenes, marking a more than tenfold increase over five years.

The Supreme Court's decision upholds a regulation implemented by the Biden administration in 2022, which mandates that gun kits and parts include serial numbers and that purchasers undergo background checks, aligning these kits with the 1968 Gun Control Act. Justice Neil Gorsuch, writing for the majority, emphasized the regulation's consistency with existing law and the necessity to adapt to modern firearm manufacturing trends. The decision overturns a lower court ruling that had determined the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority.

The Supreme Court's decision is anticipated to have far-reaching implications for gun control measures and public safety. By requiring serialization and background checks for ghost gun kits, the ruling aims to curb the proliferation of untraceable firearms, thereby assisting law enforcement in tracking and preventing gun-related crimes. Gun safety advocates and law enforcement agencies have praised the decision, highlighting its importance in enhancing public safety.

The regulation of ghost guns has been a contentious issue in recent years. In 2022, the Biden administration implemented a rule requiring serialization and background checks for ghost gun kits. This rule faced legal challenges, with opponents arguing that the ATF overstepped its authority. In June 2023, U.S. District Judge Reed O’Connor in Fort Worth, Texas, struck down the rule, concluding that it exceeded the ATF's authority. However, the Supreme Court's recent decision reinstates the regulation, affirming the government's ability to regulate these firearms.

Following the ruling, various officials and organizations have expressed their positions. Justice Neil Gorsuch, writing for the majority, stated that the regulation is consistent with existing law and necessary to address modern firearm manufacturing methods. Brady President Kris Brown praised the decision, stating, "This rule will curtail the market of unregulated and untraceable firearms, which poses one of the fastest growing public safety threats in America." Conversely, Cody J. Wisniewski, general counsel of the Firearms Policy Coalition Action Foundation, expressed disappointment, stating, "We’re deeply disappointed that the Court pressed pause on our defeat of ATF’s rule effectively redefining ‘firearm’ and ‘frame or receiver’ under federal law."

The Supreme Court's decision underscores the ongoing debate between gun control advocates and gun rights proponents. While the ruling supports the government's authority to regulate firearms, it also highlights the challenges in balancing Second Amendment rights with public safety concerns. The decision may set a precedent for future regulations aimed at addressing emerging firearm technologies and their implications for crime and public safety.

The Supreme Court's 7-2 ruling to uphold the federal regulation on ghost guns marks a significant development in U.S. gun control policy. By affirming the requirement for serialization and background checks for ghost gun kits, the decision aims to mitigate the risks associated with untraceable firearms and enhance public safety. The ruling reflects the Court's recognition of the need to adapt existing laws to address modern challenges in firearm manufacturing and distribution.