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The Supreme Court seemed likely Tuesday to uphold a Biden administration regulation on ghost guns, the difficult-to-trace weapons found at crime scenes in increasing numbers.
In arguments that ranged to classic cars and Western omelets, key conservative justices seemed open to the government’s argument that kits for quickly making nearly untraceable guns at home can be regulated like other firearms.
Two conservative justices, Chief John Roberts and Amy Coney Barrett, previously joined with the three liberals to allow the rule to go into effect and seemed skeptical of the arguments that the Biden administration overstepped by trying to regulate gun parts.
Justice Samuel Alito compared the components to food, suggesting eggs, peppers and ham aren’t necessarily a Western omelet so shouldn’t be treated like one. Barrett, though, proposed gun kits are more like meal kits ordered online that contain everything needed to make a specific dinner, like turkey chili.
Roberts, for his part, closely questioned the challengers’ position that the kits are mostly popular with hobbyists who enjoy making their own weapons, like auto enthusiasts might rebuild a car on the weekend.
Many ghost gun kits require only the drilling of a few holes and removal of plastic tabs.
“Drilling a hole or two, I would think, doesn’t give the same sort of reward that you get from working on your car on the weekend,” Roberts said. “My understanding is that it’s not terribly difficult for someone to do this.”
A ruling is expected in the coming months.
The regulation came after the number of ghost guns seized by police around the country soared, going from fewer than 4,000 recovered by law enforcement in 2018 to nearly 20,000 in 2021, according to Justice Department data. The number of ghost guns has since flattened out or declined in several major cities, including New York, Los Angeles, Philadelphia and Baltimore, according to court documents.
Finalized at the direction of President Joe Biden, the rule requires companies to treat the kits like other firearms by adding serial numbers, running background checks and verifying that buyers are 21 or older.
Challengers to the rule argue that the kits can be challenging to assemble and most people who commit crimes use traditional guns.
“Congress, in the Gun Control Act, did not seek to pursue its purposes of controlling access to firearms to the nth degree,” said attorney Peter Patterson, representing manufacturers, gun rights groups and people who own firearms parts.
U.S. District Judge Reed O’Connor in Texas agreed with the challengers and struck down the rule in 2023. The U.S. 5th Circuit Court of Appeals largely upheld his decision, and the administration appealed to the Supreme Court, which allowed the rule to go into effect while the litigation played out.
Solicitor General Elizabeth Prelogar argued that law-abiding hobbyists can still buy kits under the regulation, which is within the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Our nation has seen an explosion in crimes committed with ghost guns,” she said. “The evidence shows that these guns were being purchased and used in crime.”
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