www.washingtonpost.com Open in urlscan Pro
96.7.18.230  Public Scan

Form analysis
2 forms found in the DOM

<form class="wpds-c-gRPFSl wpds-c-gRPFSl-jGNYrR-isSlim-false">
  <div class="transition-all duration-200 ease-in-out"><button type="submit" data-qa="sc-newsletter-signup-button" class="wpds-c-kSOqLF wpds-c-kSOqLF-uTUwn-variant-primary wpds-c-kSOqLF-eHdizY-density-default wpds-c-kSOqLF-ejCoEP-icon-left">Sign
      up</button></div>
</form>

<form class="wpds-c-gRPFSl wpds-c-gRPFSl-jGNYrR-isSlim-false">
  <div class="transition-all duration-200 ease-in-out"><button type="submit" data-qa="sc-newsletter-signup-button" class="wpds-c-kSOqLF wpds-c-kSOqLF-uTUwn-variant-primary wpds-c-kSOqLF-eHdizY-density-default wpds-c-kSOqLF-ejCoEP-icon-left">Sign
      up</button></div>
</form>

Text Content

Accessibility statementSkip to main content

Democracy Dies in Darkness
SubscribeSign in



Advertisement


PoliticsBiden administrationThe FixThe BriefsPollingDemocracy in AmericaElection
2024
PoliticsBiden administrationThe FixThe BriefsPollingDemocracy in AmericaElection
2024


WHAT’S AT STAKE IN THE SUPREME COURT GHOST GUN CASE BEING HEARD TUESDAY


A U.S. JUDGE IN TEXAS RULED THE BIDEN ADMINISTRATION EXCEEDED ITS AUTHORITY IN
REQUIRING SERIAL NUMBERS, SALES RECORDS AND BACKGROUND CHECKS FOR GHOST GUNS.

5 min
253

Ghost guns seized by the D.C. police are displayed during a news conference held
by Mayor Muriel E. Bowser in February 2020. (Astrid Riecken for The Washington
Post)
Skip to main content
 1. What is a ghost gun?
 2. What the case is about
 3. How the Supreme Court could rule
 4. Impact for states with ghost gun bans

By Justin Jouvenal
October 7, 2024 at 3:00 p.m. EDT

The Supreme Court will take up its first major case of the new term Tuesday,
when it decides whether to uphold federal regulations on ghost guns. You can
listen to the 10 a.m. Eastern time oral argument here. Here’s what to know.


Cut through the 2024 election noise. Get The Campaign Moment newsletter.



WHAT IS A GHOST GUN?

Return to menu

A ghost gun is typically assembled by its owner at home using purchased parts, a
kit or even pieces made by a 3D printer. A ghost gun can often be put together
in less than an hour and is a fully functional weapon.

Before 2022, ghost guns were not subject to the same regulations as other
commercially purchased firearms, which helped fuel an explosion in their
popularity. Ghost guns did not have serial numbers, buyers did not have to
undergo a background check to purchase them, and sellers did not have to
maintain records of their sales.

Story continues below advertisement



Many hobbyists love the ease of purchasing ghost gun kits and parts online, but
law enforcement officials have increasingly raised alarms about their use in
crime over the last decade.

Advertisement


In 2017, police submitted about 1,800 ghost guns for tracing, but that number
skyrocketed to more than 19,000 in 2021, according to the Justice Department.
Those figures included weapons linked to nearly 700 homicides or attempted
homicides.




WHAT THE CASE IS ABOUT

Return to menu

Ghost guns were largely untraceable because of their lack of serial numbers and
sales records. People who were prohibited from owning guns, such as felons,
could readily buy them since no background check was required.

Story continues below advertisement



The issues prompted the Bureau of Alcohol, Tobacco and Firearms to classify
ghost gun kits and partially completed frames and receivers — the pieces of guns
that hold the barrel and firing mechanism — as firearms under the nation’s main
gun control law in 2022. That subjected ghost guns to the same regulations as
weapons made by licensed manufacturers.

Advertisement


A handful of gun owners, gun groups and plaintiffs from the parts industry sued
to block the regulations. A federal district court judge in Texas issued a
summary judgment against ATF in 2023, ruling the agency exceeded its authority
in issuing the rule.

Skip to end of carousel


SUPREME COURT 2024 MAJOR CASES

We break down the Supreme Court’s major decisions of 2024 and why they matter.

End of carousel

The government appealed, but the conservative Fifth Circuit Court of Appeals in
New Orleans upheld the lower court’s decision. The Supreme Court then agreed to
take up the case.

Story continues below advertisement



While the legal wrangling was going on, the justices voted 5-4 to temporarily
allow the regulations to take effect.

🏛️

Follow Politics

Follow

The Supreme Court will now examine two technical questions: whether ghost gun
kits that can be readily assembled into weapons meet the definition of a firearm
under the Gun Control Act of 1968, and whether partially completed frames and
receivers can be regulated under the same law.

Advertisement


Essentially, the court must determine when parts of guns are far enough along in
the manufacturing and assembly process that they can be classified as a gun
under the law. The question may be legalistic, but it has immense real world
implications.

“Under the Fifth Circuit’s interpretation, anyone could buy a kit online and
assemble a fully functional gun in minutes — no background check, records, or
serial number required,” Solicitor General Elizabeth B. Prelogar argues in her
brief. “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.”

Story continues below advertisement



Those challenging the regulations argue that the Gun Control Act covers only
complete guns, not parts, and say that the new rules depart from past ATF
practice. The challengers also argue the guns are not as easy to assemble as the
government claims.

Advertisement


“The target of ATF’s new regulation was the industry that had arisen to cater to
law abiding citizens making their own firearms,” they wrote in their brief.

During an event announcing stricter gun control measures April 11, President
Biden demonstrated the different components of a “ghost gun.” (Video: The
Washington Post)


HOW THE SUPREME COURT COULD RULE

Return to menu

The justices have been highly skeptical of gun regulation in recent terms.

Most famously, the conservative majority issued a landmark decision in 2022 that
struck down a New York law barring the concealed carry of loaded firearms. That
ruling required any firearms regulations to have a historical parallel, leading
to a flood of challenges against gun regulations.

Story continues below advertisement



Last term, the court overturned a ban on bump stock devices, which allow
semiautomatic rifles to fire hundreds of shots per minute. Also last term, the
court upheld a law banning those subject to domestic violence restraining orders
from possessing weapons.

Advertisement


But despite the court’s general antipathy toward gun regulation, there are
indicators the justices could side with the government in the ghost guns case.

The court’s three liberals were joined by conservatives John G. Roberts Jr. and
Amy Coney Barrett in temporarily allowing the rules to go into effect, signaling
that the court feels there is a possibility it could overturn the lower court
ruling.

Story continues below advertisement



The practical implications of striking down the rules could also give the court
pause — potentially allowing those with nefarious intent to easily purchase
virtually untraceable firearms.


IMPACT FOR STATES WITH GHOST GUN BANS

Return to menu

The case before the Supreme Court deals with the federal regulation of ghost
guns, so any ruling would not directly affect ghost gun regulations and bans
that have been enacted in more than 15 states, including California, Illinois
and Maryland.

Advertisement


Still, 24 states filed a friend of the court brief urging the justices to uphold
the federal regulations, arguing they are an important complement to state
efforts to combat a problem that is national in scope.

“The [regulation] is a vital backstop to states’ efforts to stem the flow of
ghost guns and combat the violence engendered by prohibited persons possessing
untraceable weapons,” the states wrote.


Share
253 Comments

NewsletterWeekdays
Early Brief
The Washington Post's essential guide to power and influence in D.C.
Sign up

Subscribe to comment and get the full experience. Choose your plan →



NewsletterWeekdays
Early Brief
The Washington Post's essential guide to power and influence in D.C.
Sign up
5.26.3
Company
About The Post Newsroom Policies & Standards Diversity & Inclusion Careers Media
& Community Relations WP Creative Group Accessibility Statement Sitemap
Get The Post
Become a Subscriber Gift Subscriptions Mobile & Apps Newsletters & Alerts
Washington Post Live Reprints & Permissions Post Store Books & E-Books Today’s
Paper Public Notices
Contact Us
Contact the Newsroom Contact Customer Care Contact the Opinions Team Advertise
Licensing & Syndication Request a Correction Send a News Tip Report a
Vulnerability
Terms of Use
Digital Products Terms of Sale Print Products Terms of Sale Terms of Service
Privacy Policy Cookie Settings Submissions & Discussion Policy RSS Terms of
Service Ad Choices
washingtonpost.com © 1996-2024 The Washington Post
 * washingtonpost.com
 * © 1996-2024 The Washington Post
 * About The Post
 * Contact the Newsroom
 * Contact Customer Care
 * Request a Correction
 * Send a News Tip
 * Report a Vulnerability
 * Download the Washington Post App
 * Policies & Standards
 * Terms of Service
 * Privacy Policy
 * Cookie Settings
 * Print Products Terms of Sale
 * Digital Products Terms of Sale
 * Submissions & Discussion Policy
 * Sitemap
 * RSS Terms of Service
 * Ad Choices






Already a subscriber? Sign in


GET UNLIMITED ACCESS TO 
THE WASHINGTON POST

You can cancel anytime.
MONTHLY
CA$1 every week for the first year billed as CA$4 every 4 weeks
YEARLY
CA$100 CA$39 for the first yearBEST VALUE
 * Unlimited access on the web and in our apps
 * 24/7 live news updates

Add your email address
By creating your account, you agree to The Washington Post's Terms of Service
and Privacy Policy.
The Washington Post may use my email address to provide me occasional special
offers via email and through other platforms. I can opt out at any time.

Card
View more offers