Supreme Court Upholds Biden’s “Ghost Gun” Ban - Ammoland

 The United States Supreme Court has upheld the Biden era “Ghost Gun” rule by a 7-2 margin.

The case Vanderstok v. Garland challenged a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule that banned the sale of unfinished firearms frames. The Firearms Policy Coalition (“FPC”) filed the case after an executive order by the Biden administration instructed the ATF to create a rule to ban privately manufactured firearms. The rule that was put into place required the serialization of incomplete frames and background checks before they could be sold.

Initially, the rule only applied to complete kits with jigs, and the frames and jigs could be sold independently. However, on December 27, 2022, the ATF issued a letter stating that all unfinished frames are now considered to be firearms under the Gun Control Act of 1968 (“GCA”). FPC claimed that the rule violated the Administrative Procedures Act (“APA”) because the ATF exceeded its authority in regulating privately manufactured firearms (“PMF”).

A District Court Judge in Texas agreed with the plaintiffs and blocked the rule from being enforced. The ATF appealed the decision to the United States Court of Appeals for the Fifth Circuit. The Fifth Circuit upheld the District Court ruling. After the decision, the government asked the Supreme Court for an administrative stay pending a petition for a writ of certiorari to the Supreme Court. The high court would grant the request and ultimately grant cert meaning they would hear the case.

The government’s case hinged on whether kits such as those sold by the now defunct Polymer80 were readily convertible. The ATF argued that they could turn a kit into a working firearm in less than 21 minutes. During oral arguments, Associate Justice Samuel Alito surmised these kits were like going to a grocery store and buying ingredients to make a salad. Associate Justice Amy Comey Barrett shot back and equated it more to a “Hello Fresh” order where all the ingredients are packaged together with instructions.

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