The Ghost Gun Ruling: That Is Shaking America

Ghost guns are untraceable homemade weapons that can be bought online or at a store without a background check. They have no serial numbers, no manufacturers, and no records of sale. They are easy to assemble, hard to regulate, and attractive to criminals. They are also at the center of a legal battle that is shaking America.

What Is the Ghost Gun Ruling?

In 2022, the Biden administration issued a rule to crack down on ghost guns and make them subject to federal firearms laws. The rule, issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), defined ghost guns as firearms under the law and required that their main components - the frames and receivers - be assigned serial numbers. The rule also required that buyers undergo background checks before purchasing the components and that dealers be federally licensed to sell the kits and keep records of sales.  

The rule was challenged by several plaintiffs, including two gun owners and two gun rights advocacy groups, who argued that the administration exceeded its authority and violated their constitutional rights. On July 5, 2023, a federal judge in Texas agreed with them and blocked the rule nationwide. The judge said that the ATF had no power to regulate ghost guns because they are not firearms under the law, which only applies to weapons that can expel a projectile by the action of an explosive.  

The Biden administration appealed the ruling and asked the Supreme Court to reinstate the rule while the appeal is pending. The administration gave warning about allowing the ruling to stand, as it may cause "irreversible flow of large numbers of untraceable ghost guns into our nation's communities." On July 28, 2023, Supreme Court Justice Samuel Alito temporarily froze the ruling until August 4, 2023, and asked for a response from the plaintiffs by August 2, 2023. The full Supreme Court is expected to decide whether to keep or lift the freeze by August 4, 2023. 

Why Does It Matter? 

The ghost gun ruling matters because it has significant implications for public safety, gun violence prevention, and constitutional rights. According to the ATF, more than 10,000 ghost guns were recovered by law enforcement in 2019 alone, and they have been used in several high-profile shootings, including a school shooting in California in 2019 and a mass shooting in Colorado in 2020. The ATF estimates that there are more than 30 million ghost guns in circulation in the U.S., and that number is growing rapidly as more people buy online kits or use 3D printers to make their own weapons.  

The Biden administration argues that regulating ghost guns is necessary to protect Americans from gun violence and to help law enforcement trace firearms used in crimes. The administration says that Congress gave the ATF broad authority to define firearms under the law and that the rule is consistent with the purpose of the Gun Control Act, which is to prevent criminals from obtaining firearms.  

The plaintiffs argue that regulating ghost guns is an infringement on their Second Amendment right to bear arms and their Fifth Amendment right to due process. They say that Congress did not intend to include ghost guns in the definition of firearms under the law and that the rule is arbitrary and vague. They also say that regulating ghost guns will not stop criminals from obtaining firearms and will only burden law-abiding citizens who want to exercise their right to self-defense. 

What's Next? 

The fate of the ghost gun rule is now in the hands of the Supreme Court, which will decide whether to let it take effect or keep it on hold while the appeal is pending. The court's decision could have a major impact on how ghost guns are treated under federal law and how they are regulated by states and localities. It could also set a precedent for how much power the executive branch has to interpret and enforce existing laws without congressional approval.  

The ghost gun ruling is one of the most controversial and consequential issues facing America today. It raises questions about how to balance public safety and individual rights, how to address the growing problem of gun violence, and how to adapt to new technologies that challenge existing laws. It is a ruling that could shape the future of America's gun culture and politics for years to come.