Supreme Court Agrees to Hear Case on 'Ghost Guns'

The U.S. Supreme Court has agreed to consider a Biden administration appeal over an attempt by the Bureau of Alcohol Firearms and Tobacco (ATF) to unilaterally widen the government’s definition of firearm to include certain gun parts.

In 2022, the ATF changed the definition of a “firearm” under the federal Gun Control Act to include unfinished parts, including the frame or lower receiver. Those parts have traditionally been non-serialized. Under the new rule, those parts must be licensed and include serial numbers, while manufacturers would also be required to run background checks before a sale, as if the parts were fully assembled firearms.

Guns lawfully built with non-serialized parts by individuals are not easily trackable by the government and are thus referred to as “ghost guns.” This may also include 3-D printed guns.

Following a lawsuit brought by the Firearms Policy Coalition (FPC) on behalf of Jennifer VanDerStok, Michael Andren, and a company called Tactical Machining, a judge ruled in favor of the plaintiffs.

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The Supreme Court allowed the rule to remain in effect while the case was appealed.

Soon after, the 5th U.S. Circuit Court of Appeals sided with the plaintiffs, explaining that the ATF, as an administrative agency, does not have the authority to re-write federal law.

"Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will," the appellate court wrote in its ruling.

The ATF argues that without the rule, people could buy kits online and assemble fully functional guns in minutes with no background check, records, or serial numbers required.

FPC welcomed the Supreme Court’s decision to hear the case.

“FPC and our members look forward to the end of President Biden’s unconstitutional and abusive rule. We are delighted that the Supreme Court will hear our case and decide this important issue once and for all,” FPC founder and president Brandon Combs said in a statement. “The Fifth Circuit’s decision in our case was correct and now that victory can be applied to the entire country."

The Court will decide the rule’s fate during its fall term this October.

“This is an important day for the entire liberty movement. By agreeing to hear our case, the Supreme Court will have the opportunity to put ATF firmly in its place and stop the agency from unconstitutionally expanding its gun control agenda. We look forward to addressing this unlawful rule in the Court’s next term,” said FPC Action Foundation president Cody J. Wisniewski, counsel for Plaintiffs.