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OAN Staff Brooke Mallory
5:35 PM – Wednesday, March 26, 2025
On Wednesday, by a 7-2 majority, the U.S. Supreme Court upheld the Biden administration’s “ghost guns” regulation.
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Chief Justice John Roberts, Amy Coney Barrett, Justice Neil Gorsuch, Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson all contributed to the in favor vote — while conservatives Samuel Alito and Clarence Thomas were the dissident justices in the matter.
On December 4th, 2024, 26-year-old Luigi Mangione used a 3D-printed ghost gun to fatally shoot UnitedHealthcare CEO Brian Thompson — leading to his eventual arrest and incarceration.
The devices’ compliance with the statutory definitions of “firearm” and “frame and receiver,” as well as whether the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) had overreached its jurisdiction in monitoring and enforcing their sale, had been in question.
“DIY” functioning weapons, known as ghost guns, are frequently bought and advertised by certain vendors as being simple to build — which some gun control extremists claim make them attractive to criminals who do not have access to other black market firearms.
According to the Justice Department, law enforcement confiscated over 19,000 hard-to-trace ghost weapons back in 2021, more than 10 times as many in just five years. Recent technological advancements, many of which included unassembled handgun components made of polymers, contributed to that — DOJ officials under the Biden administration claimed previously.
In order to install parts, final home assembly usually calls for the use of a few easily accessible tools, such as drilling holes and milling or sanding the unfinished frame or receiver. In 2022, the 1968 Gun Control Act was amended to control the expanding “buy build shoot” kit market.
The Gun Control Act “permits ATF to regulate…some weapon parts kits and unfinished frames or receivers,” according to the seven-justice majority. The law defines a “firearm” as including “any weapon… which will or is designed to or may readily be converted to expel a projectile by the action of an explosive,” as well as “the frame or receiver of any such weapon.”
“Congress could have authorized ATF to regulate any part of a firearm or any object readily convertible into one,” Thomas stated, in his dissent. “But, it did not. I would adhere to the words Congress enacted. Employing its novel ‘artifact noun’ methodology, the majority charts a different course that invites unforeseeable consequences and offers no limiting principle.”
The Trump administration has expressed that it only wanted these kits to adhere to the same regulations as other commercial guns dealers, not to outlaw their usage or sale. This covers the parts’ serial numbers, as well as the buyers’ background checks.
Following a legal challenge from kit vendors and buyers, a federal appeals court invalidated the revised restrictions. Nevertheless, the Justice Department filed an appeal with the Supreme Court.
On the other hand, the restriction is also seen as “unconstitutional and abusive,” according to gun rights groups, who argue that ghost gun kits are made up of “non-firearm objects.”
According to the ATF rule, incomplete weapon components, such as a handgun’s frame or a long gun’s receiver, must be handled like full firearms. These parts must have serial numbers and be licensed. As with complete commercial weapons, the rule also mandates that manufacturers conduct background checks before to selling these parts.
Additionally, in June, the high court overturned a federal ban on bump stocks — which are gadgets that can turn semi-automatic rifles into firearms capable of firing hundreds of rounds per minute.
“However, that same month, the justices upheld a federal ban on firearm possession for people subject to certain domestic violence restraining orders,” Fox News reported.
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