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The Supreme Court has upheld the legality of Biden-era restrictions on the distribution of parts and “kits” used to assemble so-called ghost guns.
In a 7-2 ruling on Wednesday, the justices rejected a bid to overturn rules allowing the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to include ghost guns within the scope of their law enforcement directives. Conservative Justices Samuel Alito and Clarence Thomas were the two dissenters.
The majority opinion, written by Trump-appointed conservative Justice Neil Gorsuch, held that the court had “no trouble rejecting” the notion that the ATF shouldn’t be able to regulate parts of firearms simply because they did not constitute a fully assembled weapon.
“Recent years have witnessed profound changes in how guns are made and sold,” Gorsuch wrote. “When Congress adopted the [Gun Control Act] in 1968, ‘the milling equipment, materials needed, and designs were far too expensive for individuals to make firearms practically or reliably on their own.’ With the introduction of new technologies like 3D printing and reinforced polymers, that is no longer true. Today, companies are able to make and sell weapon parts kits that individuals can assemble into functional firearms in their own homes.”
“Imagine a rifle disassembled for storage, transport, or cleaning,” the conservative justice added. “It may take time to render the rifle useful for combat, but its intended function is clear. And, as a matter of everyday speech, that rifle is a weapon, whether disassembled or combat ready. The GCA embraces, and thus permits ATF to regulate, some weapon parts kits and unfinished frames or receivers, including those we have discussed.”
The ruling pertained to an executive policy passed under former President Joe Biden, and the Trump administration could still seek to repeal the policy. The near-unanimous ruling from the court suggests the justices are not as wholly opposed to gun control regulation as some on the right would like.
The Justice Department said in a statement Wednesday that it “will continue to support and defend the Second Amendment rights of all Americans.” Last month, President Trump signed an executive order directing Attorney General Pam Bondi to review any and all gun regulations placed into effect under the Biden administration.
Trump and his administration have had a shaky relationship with the judiciary since he took office in January. Federal judges have halted several of his executive orders and other ostensibly unconstitutional actions the administration has taken. Trump has responded with ire, even clamoring for the impeachment of a judge who tried to stop the deportation of Venezuelan migrants without due process. Chief Justice John Roberts responded by publicly rebuking the idea, stating that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
Trump has refrained from criticizing the Supreme Court directly since taking office for the second time. There is of course plenty of time left in his term.
