The Supreme Court has upheld a Biden-era ban on so-called “ghost guns,” a ruling that will be a critical setback for gun rights.
The court issued the ruling on Wednesday, with Justice Neil Gorsuch writing the majority opinion. In the case of Bondi v. VanDerStok, the court heard a challenge to a 2022 ATF rule that interpreted the Gun Control Act of 1968 (GCA) to mean that the agency could regulate gun parts kits and unfinished frames or receivers as “firearms.”
The rule was a response to the rise of untraceable firearms assembled from kits, which anti-gunners refer to as “ghost guns” to make them sound scarier. Gun manufacturers and others challenged the rule under the Administrative Procedure Act, arguing that this type of regulation goes beyond the GCA’s scope.
BREAKING: A 7-2 Supreme Court ruled ghost guns (untraceable weapons that require assembly) ARE “firearms” subject to regulation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
— Katie Buehler (@bykatiebuehler) March 26, 2025
Thomas & Alito dissent
(Bondi v. VanDerStock, 23-852) #SCOTUS https://t.co/8l3fPdUBqs pic.twitter.com/S4oZfBUkES
The Fifth Circuit vacated the rule. But the Supreme Court has reversed this decision. Gorsuch wrote, “The GCA embraces, and thus permits ATF to regulate, some weapon parts kits and unfinished frames or receivers.”
The GCA’s text defines a firearm as “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive” and “the frame or receiver of any such weapon.”
The Fifth Circuit had decided that kits and unfinished components should be excluded from these rules. However, the Supreme Court explained that “Because at least some weapon parts kits satisfy both of subsection (A)’s tests, §478.11 is not facially invalid.”
So much for that executive order to review gun regulations, and for your "conservative leaning" Supreme Court.
— Feni𝕏 Ammunition (@FenixAmmunition) March 26, 2025
The good news is we have the technology to simply ignore them and continue printing whatever we want, whenever we want. https://t.co/a7UgcOctfX
Justices Clarence Thomas and Samuel Alito were the only two dissenters. Thomas argued that the rule overstepped the ATF’s boundaries, saying, “The ordinary meaning of ‘frame or receiver’ does not include objects that may be ‘converted’ into a frame or receiver.”
Biden’s ghost gun ban sought to stop the proliferation of untraceable firearms without serial numbers. These firearms are typically assembled using kits purchased online or in stores. It requires manufacturers to include serial numbers and mandates that those selling these products obtain federal licenses. Buyers must also go through background checks to purchase the kits.
This is definitely disappointing news for those who favor gun rights. It means the ATF remains empowered to issue onerous rules restricting the right to keep and bear arms.
However, there is still reason to be optimistic. President Donald Trump has ordered Attorney General Pam Bondi to conduct a thorough audit of federal agencies to identify rules or policies that violate the Second Amendment. This could suggest that the president might rescind the ghost gun ban.
The Supreme Court ruled that the ATF has the authority to impose the rule. But it did not rule that the ATF must impose the rule.
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