Supreme Court Deals Major Blow to Gun Rights Re: Ghost Guns
In a significant setback for Second Amendment advocates, the Supreme Court's recent ruling in Bondi v. VanDerStok upholds stringent regulations on so-called “ghost guns,” undermining the constitutional rights of law-abiding citizens.
The Court's 7-2 decision endorses the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule that imposes serial numbers, background checks, and age verification on firearm kits previously unregulated. This ruling effectively expands federal oversight to include weapon parts kits and partially completed frames or receivers, categorizing them as firearms under the Gun Control Act of 1968.
Justice Neil Gorsuch, writing for the majority, asserts that these kits, which can be assembled into functional firearms with minimal effort, fall within the Act's definition of firearms. This interpretation broadens the scope of federal regulation, setting a concerning precedent for the future of gun rights in America.
The dissenting opinions, notably from Justices Clarence Thomas and Samuel Alito, highlight the overreach of the ATF and the potential infringement on constitutional liberties. Justice Thomas argues that the regulation extends beyond the statutory text, effectively granting the ATF unchecked authority over firearm components.
This ruling represents a troubling shift towards increased federal control over firearm ownership, potentially criminalizing the private assembly of firearms—a practice historically protected under the Second Amendment. By equating unassembled parts with fully functional firearms, the Court's decision blurs the lines of legal interpretation and encroaches upon the rights of responsible gun owners.
Moreover, the decision's reliance on the potential misuse of ghost guns in criminal activities overlooks the fundamental principle that law-abiding citizens should not have their rights curtailed due to the actions of criminals. This approach sets a dangerous precedent where the rights of the majority are compromised due to the misdeeds of a few.
I am hopeful that despite this ruling the Trump administration will direct the ATF to vacate the rule and restore our rights.
So if you made one from a 80% lower 2 years ago what’s the remedy. Stamp one’s lucky number on the receiver?
Yup and then register it. That’s what Colorado did. Any ghost gun, no matter when or where it was built, if it was in the state it had to have a number and be registered with the state. If caught, first offense was a fine. After that, jail time. Not sure how this will make us safer, since that was their reasoning.
That wouldn’t be necessary unless you live in a state that has additional regulation. The Supreme Court decision is focused on acquisition of receivers and part kits. Not on existing ownership.