Supreme Court to take up “ghost guns” case

Bench to hear Garland vs. VanDerStok
Published: Oct. 7, 2024 at 5:25 PM EDT

WASHINGTON (Gray DC) - Gun safety group Brady says there is a simple argument why so called “ghost guns” should be subject to the same regulations as other firearms.

“If it walks like a duck, and quacks like a duck, and acts like a duck, it’s a duck,” Brady President Kris Brown said.

Ghost guns are shipped to consumers in pieces, and generally have an incomplete frame or receiver.

In 2022 the Biden administration made a new rule, subjecting ghost guns to similar regulations as regular firearms.

The fifth U.S. court of appeals ruled the Alcohol, Tobacco, and Firearms Bureau does not have the authority to make such a rule, and ruled ghost guns are not subject to the Gun Control Act of 1968.

The Firearms Policy Coalition released a statement that, “Joe Biden and Kamala Harris used the ATF as a legislative body and weapon to achieve policy objectives through unlawful rule-making that they could not achieve through constitutional means.”

Everytown for Gun Safety says two big problems with ghost guns not falling under the Gun Control Act are that sales would not require background checks, and the guns don’t have serial numbers once they are built.

“And that means that when law enforcement recovers a gun at a crime scene, they’re not able to trace it,” Everytown for Gun Safety’s Eric Tirschwell said.

If the Supreme Court strikes the rule down, ghost guns would be largely unregulated, and it would be up to Congress to decide how to move forward.

Brady says there are significant consequences for law enforcement because of how prevalent ghost guns are in violent crime.

“Far too often, what we’re hearing from law enforcement all across this country, is that ghost guns are what they’re facing,” Brown said.

The rule regulating ghost guns remains in effect while the Supreme Court decides its fate.