WASHINGTON — The Supreme Court delivered a gut punch to Second Amendment supporters Wednesday, voting 7-2 to uphold a federal ban on so-called ghost guns. These homemade firearms, built from online kits, stay off the grid—no serial numbers, no background checks—and now, they’re still under the feds’ thumb.
The justices gave the Bureau of Alcohol, Tobacco, Firearms and Explosives the go-ahead to regulate these kits like any other gun, leaning on the 1968 Gun Control Act. Justice Neil Gorsuch wrote the majority opinion, arguing the law covers anything that can quickly become a working firearm—like a starter gun tweaked in an hour with basic tools.
Four conservatives—Gorsuch, Chief Justice John Roberts, Brett Kavanaugh, and Amy Coney Barrett—joined the court’s three liberals to seal the deal. Justices Clarence Thomas and Samuel Alito dissented, waving the flag for gun rights. Thomas blasted the ATF’s overreach, saying Congress never greenlit regulating parts kits this way.
This fight started with President Joe Biden, who targeted ghost guns in 2021. The ATF finalized the rule in 2022, demanding serial numbers and checks. Gun advocates pushed back, and in 2023, the court let the ban stand 5-4 while lower courts hashed it out. Gorsuch and Kavanaugh dissented then but flipped this time—sticking a knife in the back of Trump appointee fans.
President Donald Trump’s administration didn’t ride to the rescue either. Since January, they’ve kept quiet, leaving the Biden rule intact despite pro-gun voices at the ATF. Second Amendment diehards expected more from Trump’s trio—Gorsuch, Kavanaugh, and Barrett—especially after Barrett’s recent wobbles on conservative turf.
Gorsuch tried to soften the blow, saying not every parts pile counts as a firearm. Some kits might dodge the ATF’s net, but that’s for future battles. For now, the stats sting: ghost gun seizures jumped from 1,600 in 2017 to 19,000 in 2021, per law enforcement.
Thomas fired back in dissent, pointing to last year’s bump stock win—where the court slapped down a similar power grab. He’s asking why this isn’t the same. Alito chimed in, arguing the case got twisted into a blanket win for the ATF when it should’ve focused on specific kits.
Gun rights groups are livid. They see this as a betrayal of the Second Amendment—a right to bear arms, not beg for permission. The ruling leaves law-abiding hobbyists in the crosshairs while criminals, they say, won’t blink at breaking rules.
Trump could still order the ATF to ditch the ban. Until then, Second Amendment backers are rallying—this isn’t over, just another hill to climb.
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