The Supreme Court last week backed Biden administration rules targeting "ghost guns," weapons built from kits or parts purchased online that lack serial numbers, making them nearly impossible to trace.
In a 7-to-2 decision, the justices left in place restrictions on their sales, including background checks.
Justice Neil M. Gorsuch, one of the court’s conservatives, wrote the opinion.
Firearm Kits
New technology, such as 3D printing and reinforced polymers, has changed the manufacture and sale of guns, Gorsuch noted. Companies are selling weapon parts kits online that individuals can assemble into functional firearms in their own homes.
Justice Gorsuch included photographs of one gun kit and noted that it came with “all of the necessary components to build” a Glock-style semiautomatic weapon in about 20 minutes.
The build-it-yourself gun kits are mainly bought online and include all the parts of a gun. Once assembled, the finished product looks and can be fired like a traditional gun. The guns made from the kits lack serial numbers and are commonly called “ghost guns.” Because they lack serial numbers, they are untraceable.
Some manufacturers and sellers don't regard the kits as “firearms” subject to federal law. As a result, they don't comply with the Gun Control Act of 1968. The regulations include that sellers and manufacturers must obtain licenses to sell gun kits, place serial numbers on parts to allow weapon tracing, and conduct background checks on potential buyers as well as abide by purchaser age restrictions.
Weapons Kit Requirements
As part of an effort to fight gun violence, the Biden administration in 2022 enacted rules tightening access to the weapons kits. The regulatory move was made after law enforcement agencies reported that ghost guns were being used to commit serious crimes.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reported a dramatic rise in the criminal use of gun kits and components during the six years leading up to the new rules. According to the U.S. Department of Justice, law enforcement recovered fewer than 1,700 such weapons in 2017, but that figure jumped to 27,000 by 2023.
Legal Arguments
Gun rights groups claimed that the government overstepped its bounds in regulating the gun kits because the kits do not meet the definition of firearms under the Gun Control Act.
The pro-gun groups also said that most of the people who bought the kits are hobbyists, not criminals. The groups argued that the majority of firearms used in crimes are traditional weapons made by gun manufacturers.
Lawyers for the Biden Administration, however, said the gun kits should be regulated as firearms because they allow anyone with basic tools and access to internet video tutorials to assemble a functional firearm in a matter of minutes.
Describing one kit, Justice Gorsuch wrote in the court's opinion that the finished kit is “plainly . . . an instrument of combat,” adding that no one would confuse the pistol “with a tool or a toy.”
The decision supporting gun regulations marks a shift for a court that has typically been wary of firearm restrictions and administrative authority.
Justices Samuel A. Alito Jr. and Clarence Thomas, both conservatives, filed dissents.
Maryland and Ghost Guns
Maryland regulates ghost guns. Republican Governor Larry Hogan allowed a ghost gun bill to become law without his signature. The legislation banned the purchase of firearms that lack serial numbers starting in June 2022. Ownership of such a weapon was banned beginning March 1, 2023.
In Maryland, possession of a ghost gun is a misdemeanor punishable by up to two years of jail time. Selling or transferring a ghost gun is a misdemeanor punishable by up to five years imprisonment or a $10,000 fine.
Maryland has strong gun laws. If you’re facing charges over gun control and possession, a Maryland gun crimes lawyer can help. The attorneys at Maronick Law LLC have experience with Annapolis, Baltimore, Bel Air, Essex, Ocean City, Towson, and White Marsh gun matters.
Maronick Law LLC can meet with you remotely if you have access to Zoom. Contact the law office at 410-244-5068 or use the website to set up a free consultation.