Supreme Court Ruling on Ghost Guns

The Supreme Court has closed a loophole that allowed "ghost guns," which are firearms manufactured using kits and 3D printers, to evade tracking by law enforcement. Following a series of appeals, the Justices voted 7-2 in favor of regulating ghost guns under the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Background on Ghost Guns

Ghost guns, also known as privately made firearms, lack serial numbers that enable law enforcement to trace their origin to a buyer. Furthermore, background checks have not been required to build them. The widespread availability of 3D printers has made ghost guns a significant challenge for law enforcement, as individuals and libertarian groups share CAD designs online for anyone to use. For instance, pieces of the weapon used by Luigi Mangione in the slaying of United Healthcare CEO Brian Thompson are believed to have been 3D printed.

The Rise of 3D Printed Firearms

The advent of 3D printing technology has given rise to a thriving economy of tinkerers who design and share receiver designs, which are the core components of firearms. These designs can be printed by anyone, and some companies sell enthusiasts legal parts, including the firing mechanism and aluminum spine, alongside a milling tool to produce the receiver. In response, the Biden administration introduced language aimed at updating the definition of the "Frame or Receiver" to include kits that can be converted into functioning firearms, subjecting them to the same regulations.

Surge in Ghost Gun Sales

In recent years, law enforcement agencies across the United States have witnessed a significant surge in the sales of ghost guns, with the Supreme Court citing an increase from 1,600 in 2017 to over 19,000 in 2021.

Challenge to Government Authority

The defendants and dissenting Justices challenged the government’s authority to regulate weapons parts kits or unfinished frames and receivers, citing statutes that limit the Gun Control Act of 1968 to weapons "designed to or may readily be converted to expel a projectile by the action of an explosive." However, the Supreme Court disagreed, providing an example of a weapon parts kit, Polymer80’s "Buy Build Shoot" kit, which can be easily assembled into a functioning firearm.

Supreme Court Ruling

The Court determined that the Gun Control Act does not require a fully functional frame or receiver for a kit to be considered a "weapon." Instead, the law covers anything that can be quickly prepared for live fire. The ruling means that companies selling kits and components for building firearms must now conduct federal background checks on their customers and retain information for a longer period.

Implications of the Ruling

Unless President Trump decides to eliminate the ATF by executive decree, companies involved in the sale of firearms components will need to comply with the new regulations. The Supreme Court’s opinion on the matter can be read in full here.