The Supreme Court case Garland v. VanDerStok is set to redefine the legal parameter of “ghost guns” under the Gun Control Act, a decision that could reshape gun regulations significantly. Ghost guns are untraceable firearms assembled from purchased kits. It’s been reported criminals are likely to buy kits to avoid background checks. The ATF supports regulations to address a public safety crisis.
Legal Definition of “Ghost Guns”
The legal status of “ghost guns” is being evaluated by the Supreme Court in Garland v. VanDerStok, hearing arguments about a 2022 federal rule that targets these self-assembled firearms. The key debate involves interpreting the Gun Control Act of 1968.
The ATF argues the indispensability of regulating ghost guns similarly to other firearms due to an alarming public safety crisis. Kits like these can be assembled quickly into fully functional guns using elementary tools. Critics contend the federal reach into private firearm assembly historically did not require licensing.
Supreme Court casts skeptical eye toward unregulated ‘ghost’ guns
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— The Washington Times (@WashTimes) October 15, 2024
Court Rulings and Challenges
The Biden administration insists that ghost guns appeal to those unable to purchase firearms legally, citing Congress’s prior disregard for personal gun making. U.S. Solicitor General Elizabeth Prelogar stressed the importance of curbing ghost guns to maintain public safety amid rising crime rates.
“The 5th Circuit’s decision would allow anyone to ‘buy a kit online and assemble a fully functional gun in minutes—no background check, records, or serial number required. The result would be a flood of untraceable ghost guns into our nation’s communities,'” Solicitor General Elizabeth Prelogar wrote.
Challengers argue the scope of regulating such firearms lies with Congress and not the ATF, pointing to historic compliance with longstanding industry conditions. Over two dozen GOP-led states also back the challengers, emphasizing Congress’s role in addressing product risks.
I made this ghost gun at home with a 3D printer.
The old fucks on the Supreme Court can say whatever they want to say.
It will have zero effect on me or my life, and I will continue to build these guns, and there’s absolutely nothing you can do to stop me from doing so. pic.twitter.com/9twQumqZE2
— yzy (@yzy_is_who) October 8, 2024
Implications for the Future
The upcoming Supreme Court decision could set a precedent impacting the future regulatory approach to guns. Legal experts assert that the current law supports the ATF’s positions as ghost guns are readily convertible into operable firearms, crucial for law enforcement in tackling gun crimes.
“The government has a much stronger case here that the products the challengers are selling should be covered under a plain reading of the Gun Control Act,” said David Pucino, deputy chief counsel at Giffords Law Center.
The decision, expected by June 2025, could redefine gun industry practices and set a legal framework for handling similar regulatory issues in the future. All eyes are on key conservative Justices John Roberts and Amy Coney Barrett, who may provide pivotal votes in shaping the outcome of this crucial case.
Having talked to people that have “assembled” these kits, it is NOT easy to do! If you don’t follow the jugs it won’t work. This is just another attempt to disarm AMERICAN CITIZENS. Also though they deny, it anytime you call in the purchase of a firearm they record it SOMEWHERE! Instead of asking if I have a reason that I can’t buy a firearm they ask for type (pistol, rifle or shotgun) brand and model, etc. If they were only concerned that I couldn’t purchase a firearm they would not need this information. State governments that have tried this have virtually no cooperation! Just saw an article about Canada that they outlawed all semiautomatic weapons and got NO turn ins. Seems our governments are not in tune with it’s CITIZENS!
you all are missing a very important point
I can buy any gun and then replace the barrel making the projectiles untraceable
Any fire arm can be updates with a new barrel
besides gun needed assemble like they propose require a $1000.00 plus in tools to do so
as well as the knowledge to do so which will still take 3 to 4 hours plus
then you have test and aligning the components
beside people that actual to take the time to make these fire arms
take pride in doing so and are not the criminal type more of the craftsman
now many ghost fire arm are actually used in crime compared to other fire arms?
Once a serial number is removed it becomes a ghost fire arm