WASHINGTON — The Supreme Court on Wednesday upheld a Biden administration regulation on the nearly impossible-to-trace weapons called ghost guns, clearing the way for continued serial numbers, background checks and age verification requirements to buy them in kits online.
Seven justices joined the opinion, authored by Justice Neil Gorsuch, upholding the rule. Two justices, Clarence Thomas and Samuel Alito, dissented.
Ghost guns were found at crime scenes in soaring numbers across the U.S. before the regulation went into place, rising from fewer than 1,700 recovered by law enforcement in 2017 to more than 27,000 in 2023, according to Justice Department data. In Baltimore, ghost guns were the most commonly recovered make of firearm from June 2021 to the end of 2023.
Since the federal rule was finalized, ghost gun numbers have flattened out or declined in several major cities, including New York, Los Angeles, Philadelphia and Baltimore, according to court documents. Manufacturing of miscellaneous gun parts also dropped 36% overall, the Justice Department has said.
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Ghost guns are any privately made firearms without the serial numbers that allow police to trace weapons used in crime. The 2022 regulation was focused on kits sold online with everything needed to build a functioning firearm — sometimes in less than 30 minutes, according to court documents.
Maryland lawmakers banned the sale of unserialized firearms in 2022. At that same time, Mayor Brandon Scott directed the city’s law department to sue Polymer80, the leading manufacturer of ghost gun kits and parts in the United States. Last year, Scott announced a settlement with the company that effectively ended its business in Maryland.
In a statement posted to social media on Wednesday, Scott called for tougher gun safety laws and more federal investment, saying, “There is no place for deadly, untraceable weapons on our streets — period.”
Ghost guns have been used in high-profile crimes, including a mass shooting carried out with an AR-15-style ghost gun in Philadelphia that left five people dead. Police believe a ghost gun used in the slaying of UnitedHealthcare’s CEO in Manhattan was made on a 3D printer rather than assembled from a kit.
Finalized at the direction of then-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 age 21 or older.
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Gun groups challenged the rule in court in the case known as Garland v. VanDerStok. They argued that the Bureau of Alcohol, Tobacco, Firearms and Explosives overstepped its authority and that most crimes are committed with traditional firearms.
The justices had allowed the rule to stay in place while the lawsuit played out.
The court previously struck down a firearm regulation from President Donald Trump’s first administration, a ban on gun accessories known as bump stocks that enable rapid fire.
Banner reporter Lee Sanderlin contributed to this report.
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