Conservative U.S. Supreme Court Justices John Roberts and Amy Coney Barrett joined the court's three liberal justices to temporarily revive federal ghost gun regulations.
Ghost guns are homemade weapons or firearms that are typically purchased online and are untraceable to authorities due to the lack of a serial number, a lack of user ownership records, and no requirement for a background check.
Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas denied the application. The order was put on hold by U.S. District Court Judge Reed O'Connor in the Northern District of Texas on July 5, blocking ghost gun regulations nationwide.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) updated its regulations last year, making ghost guns and the kits used to assemble them identifiable under federal law. However, the rule itself does not disallow individuals from purchasing kits or being in possession of them.
Newsweek reached out to the ATF via email for comment.
"We're glad that the Supreme Court temporarily paused the lower courts' orders blocking the Biden-Harris Administration's efforts to curtail gun violence and save lives," White House Principal Deputy Press Secretary Olivia Dalton told Newsweek via email. "While this case is being litigated, the Supreme Court's action will keep in place important efforts to combat the surge of un-serialized, privately-made 'ghost guns' which have proliferated in crime scenes across the country.
"As we await the results of the case, the Biden-Harris Administration will continue to use every tool available to stop gun violence in our country and repeat our call to Congress to take swift action to save lives."
"The department is gratified by the Supreme Court's order allowing this important rule to remain in effect pending appeal," a Department of Justice (DOJ) spokesperson told Newsweek via email. "At its core, the frame-and-receiver rule is about public safety—helping law enforcement solve crimes and reducing the number of untraceable ghost guns flooding our communities."
Shira Feldman, litigation counsel for national gun violence prevention group Brady, told Newsweek via phone that broader implications of ghost guns and their availability on the open market should lead to a stronger response by politicians and general society to limit negative effects in the future.
"Brady is so pleased the ATF took action here because [ghost guns] pose such a serious danger to public health," Brady Chief Legal Officer Douglas Letter told Newsweek via phone, adding that the regulations are important and should be upheld as permanent and not just temporary.
The "Frame or Receiver" rule the ATF put into effect on August 24, 2022, updated firearm definitions for modernization. It stated that parts kits readily convertible to functional weapons, or functional "frames" or "receivers" of weapons, are subject to the same regulations as traditional firearms, and was deemed a positive step forward in curbing ghost gun proliferation.
At the time the rule was updated, the DOJ expressed optimism that it would reduce such firearms from being sold to convicted felons and other prohibited purchasers due to retailers running background checks prior to selling kits.
It also established requirements for federally licensed firearms dealers and gunsmiths to have a serial number added to 3D-printed guns or other firearms taken into inventory.
The ATF received approximately 45,240 reports of suspected privately made firearms (PMFs) recovered by law enforcement between January 2016 and December 2021, including in 692 homicide or attempted homicide investigations.
"This rule will make it harder for criminals and other prohibited persons to obtain untraceable guns," Attorney General Merrick Garland said at the time. "It will help to ensure that law enforcement officers can retrieve the information they need to solve crimes. And it will help reduce the number of untraceable firearms flooding our communities."
In April 2022, when the ATF rule modernization was introduced, the Biden administration said there were approximately 20,000 suspected ghost guns reported to the bureau as having been recovered by law enforcement in criminal investigations—a ten-fold increase compared to 2016.
A Reuters/Ipsos poll conducted Tuesday reported a bipartisan consensus of 70 percent of Americans who support serial number requirements for ghost guns, which respondents said should only be produced by licensed manufacturers. About 80 percent of Democrats and 61 percent of Republicans are in favor.
"Americans across the country will be safer thanks to the Supreme Court's decision today to keep ATF's life-saving ghost guns rule in effect while the appeals process plays out," John Feinblatt, president of Everytown for Gun Safety, said in a statement on Tuesday. "When a weapon looks like a gun, shoots like a gun, and kills like a gun, there's no doubt it should be regulated like a gun. Now, all eyes are on the lower courts to side with public safety and keep this rule on the books."
Angela Ferrell-Zabala, executive director of Moms Demand Action and Students Demand Action, said Tuesday that the ATF rule "regulates ghost guns for what they are—guns."
Justice Alito, in an order submitted last Friday, extended the temporary pause of the Texas judge's ruling, in turn rendering the Biden administration's ghost gun restrictions invalid. That four-day extension was set to expire at 5 p.m. on Tuesday, according to CBS News.
Correction 8/9/23, 10:11 a.m. ET: This story was updated to correct Douglas Letter's title.
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Nick Mordowanec is a Newsweek reporter based in Michigan. His focus is reporting on Ukraine and Russia, along with social ... Read more
