The U.S. Supreme Court has upheld the Biden administration’s regulation on “ghost guns,” ruling that unfinished gun parts can be treated like fully assembled firearms under federal law. The 7-2 decision gives the ATF authority to impose licensing and background check requirements on kits used to build homemade weapons.
Key Facts:
- On March 26, 2025, the Supreme Court ruled 7-2 in Garland v. VanDerStok to uphold ghost gun regulations.
- Justices Thomas and Alito dissented, while Justice Gorsuch authored the majority opinion.
- The decision affirms that the ATF can regulate kits and unfinished parts under the Gun Control Act.
- Ghost guns are homemade weapons assembled from parts, often purchased online and untraceable.
- The rule mandates serial numbers on parts and background checks for buyers, like commercial firearms.
The Rest of The Story:
The case centered on whether the ATF exceeded its authority by classifying kits and parts—such as unfinished frames or receivers—as firearms.
The Gun Control Act of 1968 defines a firearm to include weapons that can be readily converted to fire a projectile, as well as the frame or receiver of such weapons.
Justice Gorsuch, writing for the majority, stated that the ATF is permitted to regulate certain weapon kits and components.
The Biden administration argued that this move ensures parity between ghost gun kits and traditional firearm sales.
It does not ban the kits but requires serial numbers and background checks to make them traceable.
Opponents, including gun rights groups, say these kits consist of non-firearm materials and that the rule infringes on constitutional rights.
While a lower court had previously blocked the ATF rule, the Supreme Court’s decision reinstates the regulation.
BREAKING: The Supreme Court upholds a Biden-era rule requiring serial numbers and background checks for nearly untraceable ghost gun kits. https://t.co/uxWbBJ2Pex
— The Associated Press (@AP) March 26, 2025
Commentary:
This decision is another troubling step away from the plain language of the Constitution.
The Second Amendment clearly states that “the right of the people to keep and bear Arms, shall not be infringed.”
But by allowing unelected bureaucrats at the ATF to redefine what qualifies as a firearm, the Supreme Court has enabled a backdoor restriction on lawful gun ownership.
These ghost gun kits have been legally available for decades.
They are typically sold as unfinished parts—nothing more than hunks of plastic or metal until the buyer completes them.
Regulating them like fully assembled guns sets a dangerous precedent and stretches the original meaning of the law.
Justice Thomas, in his dissent, put it clearly: Congress never gave the ATF this power.
“Congress could have authorized ATF to regulate any part of a firearm… but it did not.”
Yet the majority chose to reinterpret the law in a way that expands federal control and leaves no clear limit to what can be reclassified.
The Court’s decision invites future regulation of parts, accessories, or even tools that could be used to assemble a firearm.
If a kit is regulated today, what’s to stop the government from requiring serial numbers and background checks for spare parts tomorrow?
While safety is important, it should not come at the cost of fundamental freedoms.
The proper role of the Court is to interpret the law as written—not to rewrite it to fit a political agenda.
This ruling should concern anyone who values individual rights and limited government.
We hope future courts revisit this issue and return to a more faithful reading of the Constitution and congressional intent.
The Bottom Line:
The Supreme Court upheld the Biden administration’s regulation on ghost guns, giving the ATF more power to regulate gun parts.
This ruling expands federal control over firearm components and opens the door to broader interpretations of gun laws.
Despite claims of public safety, this decision undermines the Second Amendment by allowing unelected officials to regulate non-firearms as if they were fully assembled guns.
It’s a ruling that deserves close scrutiny—and future challenge.
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