Supreme Court upholds Biden Administration's restrictions on 'ghost guns'

The Supreme Court (Scotus) voted Tuesday to reinstate restrictions against 'ghost guns.' The measures endorsed by the Supreme Court were blocked in July by a federal court in Texas. The measures affect those homemade weapons that circumvent established tracking methods.

The vote was five in favor and four against. Scotus Chief Justice John Roberts and Justice Amy Coney Barret voted with the Court's progressive justices on this occasion. The appeal case was accepted and brought to the Court by Judge Alito.

Tracking code

The restrictions, designed by the Biden Administration's Bureau of Alcohol, Tobacco and Firearms (ATF), updated and tightened regulation against 'ghost guns,' which increased in number with the proliferation of digital printers. The greatest danger behind these weapons lies in the lack of traceability, so they can be used in crimes without leaving a trace.

The new ATF regulation also placed a number of new requirements on manufacturers of phantom gun kits. Since the ATF's intervention, companies that market these kits need to identify products with weapons-grade serial codes. These kits consist of plastic parts, which when assembled and with a final addition become firearms, although they are not initially marketed as such.

For now, the restrictions do not contemplate a ban on kits of weapons in parts, only require new standards for manufacturers.

Those who sued the ATF's actions in federal court in Texas alleged that the agency exceeds its authority by expanding the definition of firearm to include the sale of separate components. In turn, the federal judge in Texas relied on the Gun Control Act of 1968 to leave the ATF rules up in the air.

Ghost guns and gun kits for parts originated in the 1990s, when they began to be sold. It was not until 20 years later, in the early 2010s, that they became popular. This date coincides with the start of restrictions on AR-15 rifles in California.