This past week witnessed a significant uptick in activity surrounding a critical case before the U.S. Supreme Court regarding the regulation of ghost guns. Ghost guns are firearms that can be assembled at home from kits and are challenging for law enforcement to trace due to the absence of serial numbers.
A diverse coalition of entities, including attorneys general, local government bodies, major city police associations, national security officials, law enforcement personnel, prosecutors, and gun control advocacy organizations, submitted amicus briefs on July 2, urging the Supreme Court to uphold federal restrictions on ghost guns.
In 2023, a district judge in Texas invalidated the rule, a decision that was subsequently largely upheld by the Fifth Circuit Court of Appeals. The Supreme Court agreed in April 2024 to review an appeal from the DOJ and others.
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They argue that the Gun Control Act pertains only to functional weapons and their frames or receivers, not parts kits or incomplete items. The respondents stress that any modifications to this definition should originate from Congress rather than regulatory agencies, and that the ATF’s rule disrupts the equilibrium between commercial and non-commercial firearm production.
Although some states have regulations regarding homemade guns, gun control advocates have been striving for years to prohibit or regulate homemade guns at the federal level. However, their efforts to persuade Congress to take action have been unsuccessful.
The Supreme Court is anticipated to conduct oral arguments in the case no sooner than this fall.
