Supreme Court’s 2024 Ruling on Ghost Guns Raises Questions for Gun Control

In a landmark ruling, the Supreme Court’s emergency order on ghost guns could significantly shift the landscape of gun control in the United States.

At a Glance

The Supreme Court added two new cases to its docket for the 2024-2025 term.
One case challenges an ATF rule regulating ghost guns.
The case is titled Garland v. VanDerStok and questions the legality of ghost guns.
The Biden administration sought Supreme Court intervention, which temporarily reinstated the rule.

Supreme Court’s Decision

The United States Supreme Court issued a 5-4 emergency order concerning ghost guns in 2024. These firearms, which lack serial numbers and are often assembled from kits, are at the center of a contentious debate on their regulation. The Court’s close vote reflects deep divisions, highlighting the ongoing national debate over gun rights and public safety.

This decision revolves around an ATF rule aimed at regulating ghost guns. The regulation, issued by U.S. Attorney General Merrick Garland in 2022, seeks to classify ghost gun kits as firearms. The intent is to prevent their use in making untraceable weapons sold without background checks, which are frequently used in crimes. This regulation mandates that manufacturers and sellers obtain licenses, mark products with serial numbers, and conduct background checks.

Today, in partnership with 23 other attorneys general, we urged the U.S. Supreme Court to uphold a rule that regulates “ghost guns” like all other firearms. The rule took effect in 2023 and led to a marked decrease in ghost gun recoveries.

More here: https://t.co/wG6CnxZuvj pic.twitter.com/9jS9hmFP18

— Attorney General Bob Ferguson (@AGOWA) July 3, 2024

Legal Challenges and Controversies

The promulgation of the rule led to significant legal challenges. A federal district judge in Texas previously barred the ATF from enforcing the rule, arguing that it was inconsistent with federal firearms laws. However, the Biden administration’s appeal led to a temporary reinstatement of the rule by the Supreme Court. The New Orleans-based 5th Circuit Court of Appeals upheld the lower court’s decision but concluded that the ATF exceeded its authority according to statutory laws.

The case, Garland v. VanDerStok, is poised to be heard in October 2024. Should the Court side with the Biden administration, stricter controls on ghost gun production and distribution will be imposed, affecting individual gun owners and law enforcement agencies nationwide. Elizabeth Prelogar, the U.S. Solicitor General, has articulated the government’s stance, warning that a lack of enforcement would lead to a surge of untraceable ghost guns, posing risks to public safety and law enforcement.

Court’s Dissent and Future Implications

Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberals, forming the majority that allowed the Biden administration to proceed with the regulation during ongoing litigation. On the contrary, Justices Thomas, Alito, Gorsuch, and Kavanaugh dissented. The ruling underscores a broader issue within the Court regarding the limits of executive agency power and the balance between individual rights and public safety.

The ghost gun regulation also appeared in another related case, Garland v. Blackhawk Manufacturing Group. In this case, the Supreme Court blocked a Texas federal judge’s ruling that would have prevented the government from enforcing the rule against two manufacturers. The Supreme Court’s decision permits the government to enforce the rule temporarily, indicating that the final verdict on ghost gun regulations will significantly influence national gun control policies.

Long-Term Impacts on Stakeholders

Should the regulation be upheld, it will have lasting repercussions for different sectors. Individual gun owners may face stricter scrutiny and regulations, while enforcement agencies will gain additional tools to track and manage firearms. The broader implications for Second Amendment rights will also be hotly debated, as this ruling may serve as a precedent for future gun control measures.

As we await the final arguments and a subsequent ruling, it remains clear that the Supreme Court’s decision on ghost guns will be a significant event in the nation’s ongoing discourse on gun control, safety, and rights.