The Supreme Court on Wednesday upheld a government regulationt to regulate “ghost gun” kits that allow people to easily obtain parts needed to assemble firearms from online sellers.
The 7-2 decision came from Justice Neil Gorsuch, with Gorsuch writing the majority opinion saying that the kits can be regulated under the federal Gun Control Act, saying the court had “no trouble rejecting” the arguments made by challengers. Gorsuch wrote: “The Gun Control Act embraces, and thus permits ATF to regulate, some weapon parts kits and unfinished frames or receivers, including those we have discussed,” and indicated that the ruling is limited, meaning that some products that require “sufficient time, tools and expertise” to create a gun would not necessarily be covered.
Justices Samuel Alito and Clarence Thomas dissented, with Thomas writing: “The statutory terms ‘frame’ and ‘receiver’ do not cover the unfinished frames and receivers contained in weapon-parts kits, and weapon-parts kits themselves do not meet the statutory definition of ‘firearm.’ That should end the case. The majority instead blesses the Government’s overreach based on a series of errors regarding both the standard of review and the interpretation of the statute.”
Issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the regulation has been in effect since August 2022 as litigation has made its way through the court system, with the Supreme Court in August 2023 refusing to put it on hold. Manufacturers and sellers have to obtain licenses, mark products with serial numbers, require background checks and maintain records.
The Gun Control Act says the regulations apply to “any weapon … which will or is designed to or may be readily be converted to expel a projectile by the action of an explosive.” It also covers the “frame or receiver of any such weapon.” The frame or receiver is the part of a firearm that houses other components, including the firing mechanism.
The legal challenge was brought by Jennifer VanDerStok and Michael Andren, who own components they want to use to build guns. The plaintiffs contended the 1968 Gun Control Act didn’t apply to weapon parts kits and that the administrative action was an overreach.
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