The recent ruling by the United States Supreme Court made background checks and the addition of serial numbers for ghost guns – or DIY kits that allow an ordinary individual to create a functioning gun – mandatory. These kits are often sold without any critical information, such as serial numbers, background checks or sale records.
In a 7-2 ruling, the Supreme Court upheld the Biden-era regulation. The Biden administration imposed rules in 2022 that tightened access to these gun kits. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) which interpreted the Gun Control Act 1968 stated that the regulation was consistent with the language of the law.
The case in question, Bondi v. VanDerStok, did not directly address the controversial Second Amendment of the U.S. Constitution; rather, judges debated whether the ATF were too harsh on subjecting ghost guns to the same regulations to that of commercial firearms.
Importance of this ruling- legal effects
The Bondi v. VanDerStok case effectively challenged the Biden rule. The Justices in this case, however, allowed for the possibility of individual challenges regarding ghost guns. Bill Brooks, a chair in the International Association of Chiefs of Police, noted that without this regulation, these ghost guns may end up in the hands of convicted felons.
Justice Neil Gorsuch, who authored the opinion of the majority, asserts that ghost guns would be used in combat. Moreover, he believes that the name is sufficient for what it does: Buy Build Shoot.
Gorsuch also notes in the ruling that “creating” a gun in 1968, when Congress approved of the Gun Violence Act, was expensive. However, with the latest development of technology alongside 3D printing, functioning guns can be made with home tools.
Social impact of gun reform
If the Supreme Court chose instead to increase restrictions in regards to access to ghost guns, it would significantly reduce the damage done by the gun relief programme initially brought by the National Rifle Association in 1965.
Under federal law, it is illegal for a convicted felon to possess firearms. However, due to an amendment to the Federal Firearms Act of 1938 in 1965 allowed convicted felons to apply for the "disability" program. A prime example would be Olin Mathieson, who was allowed to use weapons legally after applying and getting accepted into the ATF relief program.
The decision of the Supreme Court also imposes stricter gun regulations for minors and student attackers. Alex McCourt, an assistant professor at Johns Hopkins Center for Gun Violence Prevention and Policy warned that ghost guns could be purchased by a minor. Following several school shootings by students, this theory became a reality when a sixteen-year-old student caused a mass shooting by using a ghost gun.
Ghost guns can be purchased online, assembled and used in crimes without a serial number. Without the ability to track these guns, owners can more easily bypass regulatory state legislation. It is a system enabled by legal loopholes, allowing young people easy access to guns.
In early 2024, a ghost gun manufacturing ring was disbanded. This was led by a group of teenagers. In a list compiled by a gun violence prevention group–Everytown for Gun Safety, there have been more than 50 gun violence accidents due to ghost guns. Jaylon Desean Elmore was an eighteen-year-old sentenced to twenty years in prison after shooting a school resource officer using a ghost gun.
Currently, the Trump administration has not released any statement regarding this newest development. However, the Supreme Court ruling comes after Trump signed an order requiring the Attorney General to look at rules and regulations coming into effect during the Biden administration. Furthermore, the Justice Department has simply commented that the Trump administration will do “continue to support and defend the Second Amendment rights of all Americans.”
The current case or the ruling does not affect the Second Amendment and focuses on make-it-yourself gun kits. As U.S. Solicitor General Elizabeth Prelogar has rightly argued, these basic requirements allow guns to be taken away from the hands of minors, abusers, and felons. For a safer America, guns should not be allowed to be made in the comfort of a fifteen-year-old’s bedroom.