The Supreme Court on Monday agreed to consider whether the Biden administration’s 2022 regulations on “ghost guns” — firearms that are made from kits available online that people can assemble at home – are constitutional.
A federal appeals court in November of 2023, ruled in favor of a group who challenged the Biden administration ruling on the weapons, saying it lacked the authority to issue the regulations that would require, among other things, buyers to undergo background checks to purchase the kits.
The administration’s rule updated the definition of a “firearm,” “frame” and “receiver” under the Gun Control Act of 1968 to address the rise of ghost gun kits that were being purchased online or at a store without a background check.
The regulation required manufacturers and sellers to obtain licenses, mark their products with serial numbers and conduct background checks.
In August, the Supreme Court granted a request by the administration that allowed the regulations to remain in effect while litigation continued. The court ruled 5-4 with Chief Justice John Roberts and Justice Amy Coney Barrett joining the three liberal justices -- Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson -- in the majority.
Monday’s decision by the court means that it will hear the administration’s appeal of the ruling by the 5th District Court of Appeals to determine if Biden overstepped his bounds in requiring those who purchase the kits to undergo background checks, among other things.
What are ghost guns and what did the Biden administration call for in 2022? Here is what we know.
What are ghost guns?
Ghost guns are firearms that often come in a kit that can be bought online or at gun shows and assembled at home. The assembled guns do not carry a serial number and are untraceable.
The kit generally contains all the parts of the gun and usually the equipment necessary to build the weapon.
There are no federal restrictions on who can buy ghost gun kits nor how many kits they can purchase.
The Gun Control Act of 1968 required that firearms be marked with serial numbers on the frames or receivers so they could be traceable. However, the law didn’t require the other parts of the gun to have serial numbers.
Do you need to have a background check to get the gun kit?
Yes, currently, until the resolution of the case, a background check is required to purchase the kits under the administration’s rules. Prior to the Biden administration’s rule, there was no requirement for a background check.
How many ghost guns are in circulation in the US?
In 2022, 25,785 ghost guns were recovered in domestic seizures, as well as 2,453 through international operations, according to the Justice Department.
What have states done about ghost guns?
Thirteen states -- California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, New Jersey, New York, Oregon, Rhode Island, and Washington -- and the District of Columbia have enacted laws to at least partially reform the ghost gun industry and regulate the sale and manufacture of untraceable, unserialized ghost guns, according to the Giffords Law Center to Prevent Gun Violence.
How does the rule impact ghost guns?
The “Frame or Receiver” Final Rule, updated the definition of a firearm and clarifies that parts kits used to build ghost guns are subject to the same regulations as traditional firearms, according to the Department of Justice. The rule requires background checks to be performed on ghost gun kit buyers and for serial numbers to be printed on ghost gun parts. That would allow the federal government to better track them.
Biden declared the rule “basic common sense.” The National Rifle Association said the new regulation would do nothing to stop “violent crime sprees” in U.S. cities.
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