In a ruling that can only be described as a slap in the face to gun owners and the U.S. Constitution, the Supreme Court on Wednesday upheld the Biden administration’s absurd attempt to regulate so-called “ghost guns.” That’s right—unelected bureaucrats at the ATF now have the power to criminalize the longstanding American tradition of building personal firearms, thanks to a 7-2 decision that all but rubber-stamps government overreach.
The rule in question, officially known as the “frame or receiver” rule, was published by Biden’s Department of Justice (DOJ) in 2022. The case, Garland v. VanDerStok, challenged the DOJ’s unilateral redefinition of key firearm-related terms like “firearm,” “receiver,” and “frame.” In plain English: the government decided it could rewrite the law without Congress, and the Supreme Court just shrugged and said, “Sounds good.”
The case has been a long time coming. In April 2024, the Supreme Court agreed 4-3 to hear the challenge, with oral arguments beginning last October. Meanwhile, the Fifth Circuit Court of Appeals had already unanimously ruled in 2023 that the DOJ had overstepped its authority in creating the rule. That decision, written by Judge Kurt Engelhardt, made it crystal clear that the ATF had no business making up new gun laws out of thin air.
“ATF, in promulgating its Final Rule, attempted to take on the mantle of Congress to ‘do something’ with respect to gun control,” Judge Engelhardt stated. “But it is not the province of an executive agency to write laws for our nation. That vital duty, for better or for worse, lies solely with the legislature.”
That should have been the end of the discussion. But no—on Wednesday, the Supreme Court threw logic and precedent out the window, voting 7-2 to uphold the Final Rule. Justices Clarence Thomas and Samuel Alito were the only ones who had the backbone to dissent.
Justice Neil Gorsuch, writing for the majority, trotted out the same tired, anti-gun talking points we’ve heard a thousand times before. “Some home hobbyists enjoy assembling them,” Gorsuch wrote, referring to homemade firearms. “But criminals also find them attractive.” Oh, well, in that case, let’s just start banning everything criminals might like. Maybe we should outlaw crowbars, duct tape, and ski masks while we’re at it?
Gorsuch went on to claim that gun kits can be “readily converted” into firearms without any real skill or tools. Never mind the fact that millions of law-abiding gun owners have safely built their own firearms for centuries—apparently, the mere possibility that someone somewhere might misuse a tool is now enough justification for the government to stomp all over personal liberties.
“The GCA embraces, and thus permits ATF to regulate, some weapon parts kits and unfinished frames or receivers, including those we have discussed,” Gorsuch wrote, as if Congress had explicitly authorized the ATF to do any of this. Spoiler alert: it didn’t. But the majority ruled that the Fifth Circuit got it wrong, reversed its judgment, and sent the case back down for more legal gymnastics.
Justice Clarence Thomas, never one to mince words, laid out the real issue in his dissent. “The statutory terms ‘frame’ and ‘receiver’ do not cover the unfinished frames and receivers contained in weapon-parts kits, and weapon-parts kits themselves do not meet the statutory definition of ‘firearm,’” Thomas wrote. “That should end the case. The majority instead blesses the government’s overreach based on a series of errors regarding both the standard of review and the interpretation of the statute.” Translation: this ruling isn’t just wrong—it’s dangerously stupid.
Gun-rights groups were quick to denounce the decision. The Firearms Policy Coalition (FPC) released a statement expressing their disappointment with the ruling and calling out the Supreme Court for twisting the law to justify the ATF’s power grab.
“The Court’s majority opinion twists the plain language and meaning of the statutes to uphold the ATF’s rule,” the FPC statement read. “The Supreme Court cynically built up a falsework to shore up the ATF’s improper rule in spite of the text and history of the statutes. We will also continue communicating with the White House, the Attorney General, and the Department of Justice to encourage a full repeal of the ATF’s rule and take other FPC-supported actions.”
Of course, this isn’t just about so-called “ghost guns.” This ruling opens the floodgates for even more ATF overreach. If the government can arbitrarily decide what constitutes a firearm, what’s stopping them from coming after spare parts, accessories, or even raw materials? The answer: absolutely nothing.
And let’s not forget who benefits from this nonsense—criminals. You know, the people who already ignore gun laws? The same ones who will still find ways to get guns, while law-abiding citizens get buried under an avalanche of new restrictions? The government’s answer to crime is never to punish the criminals—it’s always to make life harder for honest Americans.
At the end of the day, this ruling is just another step in the Left’s long march toward disarming the American public. The Biden administration has been working overtime to chip away at the Second Amendment, and now they have the Supreme Court’s blessing to do it. It’s a disgrace, plain and simple.
If there’s a silver lining here, it’s that gun-rights groups aren’t backing down. Lawsuits will continue, activists will keep fighting, and every unconstitutional rule the ATF dreams up will be challenged. But make no mistake—this is a wake-up call. If your elected officials aren’t standing up for your Second Amendment rights, it’s time to replace them with people who will.
The battle isn’t over. Not by a long shot.
