The Supreme Court upheld federal restrictions
aimed at curtailing access to kits that can be easily assembled into homemade,
nearly untraceable firearms, a rare move by a court that has taken an expansive
view of gun rights, reported The New York Times.
In a 7-to-2 decision, written by Justice Neil M. Gorsuch, one of
the court’s conservatives, the justices left in place requirements enacted
during the Biden administration as part of a broader effort to combat gun
violence by placing restrictions on so-called ghost
guns.
Justice Gorsuch included photographs, unusual in court
opinions, to illustrate how one of the gun kits, Polymer80’s “Buy Build Shoot,”
came with “all of the necessary components to build” a Glock-style
semiautomatic weapon. He wrote that it was “so easy to assemble” that it could
be put together in about 20 minutes.
“Plainly, the finished ‘Buy Build Shoot’ kit is an
instrument of combat,” Justice Gorsuch wrote, adding that no one would confuse
the pistol “with a tool or a toy.”
The ruling in favor of gun regulations is a departure for
the court, which has shown itself to be skeptical of them — and of
administrative agency power. Justices Samuel A. Alito Jr. and Clarence Thomas,
both conservatives, filed dissents.
The “weapon-parts kits themselves do not meet the statutory
definition of ‘firearm,’” Justice Thomas wrote, important because Congress in
1968 agreed the government could legally impose some regulations on firearms.
“That should end the case.”
Legal experts said the decision was a victory for those
advocating more gun regulations.
“Although this is not a Second Amendment ruling, it shows
that the justices are not uniformly hostile to gun regulation,” said Adam
Winkler, a law professor at the University of California, Los Angeles. “Ghost
guns have been found in increasing numbers at crime scenes, and today’s
decision should help the problem.”
The Biden administration in 2022 enacted rules tightening
access to the weapons kits, after law enforcement agencies reported that ghost
guns were exploding in popularity and being used to commit serious crimes.
The Bureau of Alcohol, Tobacco, Firearms and Explosives
estimated that use of the gun components and kits in crime increased tenfold in
the six years before the rules were adopted.
Among the regulations: requiring vendors and gun makers to
be licensed to sell the kits, mandating serial numbers on the components so the
weapons could be tracked and adding background checks for would-be buyers.
Steven M. Dettelbach, the former director of the Bureau of
Alcohol, Tobacco, Firearms and Explosives who shepherded the regulation, urged
the Trump administration and Congress to “fully support” the agency to
implement the ghost gun regulations. With support from the administration, he
said in a statement, “today’s decision can save lives.”
Got a news tip about the courts? If you have
information to share about the Supreme Court or other federal courts, please
contact us.
See how to send a
secure message at nytimes.com/tips
Gun rights groups based their challenge to the regulations
by claiming that the government had overstepped its bounds in regulating the
gun kits because they did not meet the definition of firearms under the Gun
Control Act of 1968.
Opponents of gun regulations argued that most people who
bought the kits were hobbyists, not criminals. In legal filings, the groups
argued that a majority of firearms used in crimes were traditional weapons that
were manufactured professionally.
Lawyers for the government, arguing
in October while President Joseph R. Biden Jr. was in office, said the
guns kits should be regulated as firearms because they allowed
“anyone with basic tools and access to internet video tutorials to assemble a
functional firearm ‘quickly and easily’ — often, in a matter of minutes.”
During the oral
argument in Bondi v. VanDerStok, No. 23-852, a majority of the justices
had appeared to favor keeping the rules in place. At least two conservatives,
Chief Justice John G. Roberts Jr. and Justice Amy Coney Barrett, raised sharp
questions about arguments by the plaintiffs that the administration had
overstepped its bounds.
The justices had wrestled with how best to draw analogies to
the gun kits. Chief Justice Roberts seemed skeptical of attempts by the gun
rights lawyers to say that people who put together the kits were similar to
amateur car hobbyists, saying that the kits seemed to require much less effort
to put together.
“Drilling a hole or two,” Chief Justice Roberts said,
“doesn’t give the same sort of reward that you get as working on your car on
the weekends.”
Justice Gorsuch returned to this point in the opinion,
explaining that the gun kits could be considered weapons even though they were
unfinished objects because “their intended function is clear.”
An author might ask for an opinion on her latest novel,
Justice Gorsuch wrote, even though the person was referring to an unfinished
draft. A friend might talk about a table he bought at IKEA, even though he had
hours of assembly ahead of him.
In both cases, the justice wrote, “the intended function of
the unfinished object is obvious to speaker and listener alike.”
The same, he said, was true for the ghost gun kits.
“Yes, perhaps a half-hour of work is required before anyone
can fire a shot,” Justice Gorsuch wrote. “But even as sold, the kit comes with
all necessary components, and its intended function as instrument of combat is
obvious. Really, the kit’s name says it all: ‘Buy Build Shoot.’”
Like Justice Gorsuch, Justice Thomas also included
photographs of gun kits to illustrate his point. But he came to the opposite
conclusion.
Justice Thomas wrote that in his view, an object that “may
readily be converted” into a gun would only qualify as a firearm if it was
already a weapon.
“The ordinary meaning of ‘weapon’ does not include
weapon-parts kits,” he wrote.
His point echoed a debate from the oral argument, when Justice
Alito disputed the idea that the gun kits could count as firearms. Justice
Alito made an analogy to cooking an omelet in his questions to the government’s
lawyer.
As in, when do the components of a gun become a firearm?
“If I show you — I put out on a counter some eggs, some
chopped-up ham, some chopped-up pepper and onions, is that a Western omelet?”
Justice Alito asked.
To read more CLICK HERE