Topline
The Supreme Court will hear oral arguments in its first major case of the term Tuesday with a dispute concerning “ghost guns,” firearms that are typically assembled at home and cannot be traced, as gun owners and manufacturers challenge a Biden administration policy trying to stem what’s become a growing issue.
Gun safety advocates rally in front of the U.S. Supreme Court on December 2, 2019 in Washington, DC. … [+]
Key Facts
The Supreme Court will consider arguments in Garland v. VanDerStok, which concerns the legality of a 2022 policy subjecting ghost guns to federal rules on firearms dealers and manufacturers, which require manufacturers to put serial numbers on guns and dealers to be licensed, conduct background checks and keep records of their gun sales.
The Justice Department asked the court to take up the case after lower courts ruled in favor of gun owners and manufacturers who argued “ghost guns” can’t be classified as “firearms” under federal law.
“Ghost guns” are firearms that are typically given to gun owners as kits, which the consumers then have to assemble themselves into working firearms.
Unlike regular firearms, they typically don’t have serial numbers, which means they can’t be traced.
The gun rights advocates challenging the 2022 policy claim weapons part kits and partially assembled firearms can’t be considered firearms when they’re manufactured and sold—since they’re not yet functioning weapons—and thus can’t be subject to the same regulations on making and selling firearms as fully assembled guns are.
The Supreme Court will have to determine whether “a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive” is considered a “firearm” under federal law, and whether “a partially complete, disassembled, or nonfunctional frame or receiver” that’s designed to be fully assembled is subject to federal regulations on firearm frames and receivers.
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What We Don’t Know
How the court will rule, though justices previously ruled 5-4 in Aug. 2023 to keep the Biden administration’s regulations on ghost guns in place while the lawsuit played out in court.
Crucial Quote
If the lower court ruling striking down the 2022 rule is upheld, “anyone could buy a kit online and assemble a fully functional gun in minutes—no background check, records, or serial number required,” the government argued in a brief to the Supreme Court. “The result would be a flood of untraceable ghost guns into our Nation’s communities, endangering the public and thwarting law-enforcement efforts to solve violent crimes.”
What To Watch For
The court will hear oral arguments Tuesday morning and will likely release its decision in a few months, sometime before its term ends in June.
Big Number
45,240. That’s the number of “ghost guns” without serial numbers that were recovered from crime scenes between 2016 and 2021, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives. The number of ghost guns sharply went up during that period, prosecutors noted in their brief to the Supreme Court—with only 1,600 guns submitted to ATF for tracing in 2017 versus more than 19,000 in 2021—and the lack of serial numbers makes them almost impossible to trace. Of the more than 45,000 submitted, the government could only trace 445 back to the original point of purchase.
What We Don’t Know
What other gun cases the Supreme Court could take up this term. The court has already been asked to take up a number of major disputes over firearm regulations, including cases on Maryland’s assault weapons ban, the ban on people convicted of felonies possessing guns and whether states can ban 18-to-20-year olds from purchasing guns. Justices have not ruled yet on whether or not to take up those cases.
Key Background
The ghost gun case comes as the Supreme Court has made waves for several major gun rulings in recent years. The court opened the door to a flood of new lawsuits over gun restrictions in 2022 with its ruling in New York State Rifle & Pistol Association v. Bruen, which struck down New York’s restrictions on concealed carry and broadly ruled that gun laws have to be in line with historical precedents on gun regulations. That led to dozens of gun regulations being blocked or struck down in court, though the Supreme Court made clear last term that some restrictions can stay in place, upholding a law prohibiting domestic abusers from owning firearms. The 6-3 conservative court also struck down federal restrictions on “bump stocks” for guns in June, however, which are devices that allow firearms to mimic automatic weapons. The court’s controversial rulings on guns, coming as gun violence continues to be a major issue in the U.S., have helped fuel criticism on the left of the conservative-leaning court. A September Gallup poll found 51% of Americans now disapprove of the Supreme Court as its new term begins, versus 44% who approve.
