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Supreme Court Debates November 2024 No. 8 Vol. 27
PROS

Ghost Guns

Government Regulation of Privately Made Firearms

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PROS

Can Firearm Parts Kits Be Subject to the Regulatory Requirements of the Gun Control Act of 1968?

Merrick B. Garland et al., Petitioners In 1968, Congress passed the Gun Control Act (GCA), which required serial numbers on firearms and imposed licensing, background checks and other recordkeeping requirements for their sale. In 2022, the spread of unregulated gun kits — called “ghost guns” — prompted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to issue a rule  mandating that any product that could “readily be converted” into a firearm is subject to GCA requirements. In August 2022, a group of individuals, gun-rights organizations and gun-kit manufacturers filed suit in federal court against the U.S. Department of Justice…

More on Ghost Guns:

  • Foreword

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  • Transgender Rights, E-Cigarettes and Internet Speech on the Docket

    U.S. v. Skrmetti, FDA v. Wages and White Lion Investments, Free Speech Coalition v. Paxton and Others

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  • Regulating Privately Made Firearms

    Overview of Changes to Restrictions on “Ghost Guns”

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  • 5th Circuit Holding on “Ghost Gun” Regulations

    Gun Kits Are Not Subject to Federal Firearm Restrictions

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  • PROS

    Can Firearm Parts Kits Be Subject to the Regulatory Requirements of the Gun Control Act of 1968?

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  • CONS

    Can Firearm Parts Kits Be Subject to the Regulatory Requirements of the Gun Control Act of 1968?Do-it-yourself kits that allow individuals to build a functioning firearm have been around for more than 30 years. In the last 15 years, however, the products — which are not covered by federal gun regulations — have grown in popularity. In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a rule that requires these gun kits to include serial numbers and meet other licensing and background-check requirements under the Gun Control Act (GCA) of 1968. In August 2022, private citizens Jennifer VanDerStok and Michael Andren joined gun-rights groups and gun-kit manufacturers in a lawsuit challenging the legality of the ATF rule. Both a federal district court and the 5th Circuit U.S. Court of Appeals ruled in their favor, holding that the GCA does not apply to gun kits. The U.S. government appealed to the Supreme Court, which granted certiorari on April 22, 2024. The following is excerpted from the Brief for Respondents as submitted to the U.S. Supreme Court on Aug. 13, 2024.

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  • Before the Court in Garland v. VanDerStok

    The Justices Weigh in on “Ghost Gun” Regulation

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  • Glossary

    Definition of Common Legal Terms Used in Supreme Court Debates

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