In a recent interview with legal experts, the growing issue of gun violence in the United States took center stage, particularly focusing on the Biden administration’s initiative to regulate “ghost guns”—firearms that are notoriously difficult to trace. Many Supreme Court justices appear to lean toward supporting the government’s robust gun control measures, which would involve enforcing background checks, registration numbers, and sales records for these untraceable weapons.
During oral arguments on October 8, justices voiced skepticism about the claims made by gun owners, manufacturers, and advocates of the Second Amendment. The discussions revolved around the government’s right to implement new firearms regulations that were established in 2022.
Ghost guns are often assembled from privately manufactured parts, kits, or 3D-printed components, and their use in criminal activities has surged over the past decade. Manufacturers contend that these firearms do not fall under federal definitions and thus are not obligated to adhere to commercial firearm sales regulations, as they are mainly sold to hobbyists.
Chief Justice John Roberts highlighted the ease of acquiring ghost guns, expressing disbelief at the idea that creating a firearm could be as simple as drilling a few holes. He posed this point while addressing the plaintiff’s attorney in the case Garland v. VanDerStok, juxtaposing the creation of firearms with the mundane satisfaction one gains from regular car repairs.
Should the Supreme Court uphold the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations concerning ghost guns, it could represent a significant shift from the court’s historical skepticism towards gun regulations, particularly in light of a key 2022 ruling that made it easier to challenge such restrictions.
Elizabeth Prelogar, the U.S. Solicitor General representing the federal government, stressed the risks associated with failing to regulate ghost guns in the same manner as conventional firearms. She pointed out a troubling rise in ghost gun-related crimes in recent years.
Police reported tracking 1,800 ghost guns in 2017, a figure that skyrocketed to over 19,000 by 2021, including nearly 700 homicide or attempted murder cases linked to these firearms. The challenge lies in the fact that ghost guns are without serial numbers and purchase records, rendering less than 1% of them traceable.
The absence of background checks on ghost guns also poses a threat, as it allows individuals prohibited from owning firearms—such as minors and convicted felons—to easily obtain these weapons. In response, the ATF has sought to reinterpret the Gun Control Act of 1968 to classify ghost guns under the same regulatory framework as commercially sold firearms.
