SCOTUS Upholds ATF's Ghost Gun Rule

Supreme Court: ATF Can Regulate Ghost Gun Kits Under GCA

Today's SCOTUS decision in Bondi v. Vanderstok hands down a major win for advocates of federal gun control. Below, all subscribers will find the condensed outline of the situation, and paid subscribers will see a longer and more detailed look at the SCOTUS opinion.

🔍 The Case at a Glance

• Issue: Can the ATF treat gun parts kits and unfinished frames/receivers as "firearms" under the Gun Control Act (GCA)?
• Backstory: In 2022, the ATF issued a rule targeting “ghost guns”—DIY firearm kits that lack serial numbers and bypass background checks.
• Challenge: Manufacturers and gun rights advocates sued, claiming the ATF overstepped its authority.
• Lower Courts: The Fifth Circuit struck the rule down.
• Supreme Court Today: Reversed. The rule survives.

⚖️ The Majority Ruling (7–2)
Justice Neil Gorsuch wrote for the Court, ruling that the ATF’s interpretation wasn’t “facially” inconsistent with the GCA. Why?

• The Court interprets the term “firearm” to include weapons that can be “readily converted” to shoot.
• Even incomplete kits like Polymer80’s “Buy Build Shoot” can be built into pistols in 20 minutes.
• Words like “weapon,” “frame,” and “receiver” can refer to unfinished items—so long as their intended use is clear.

In short: Because some kits qualify under the law, the rule isn’t invalid across the board.

💬 The Dissent: Regulatory Overreach?
Justice Thomas (joined by Alito) warned that the Court handed too much power to the executive branch:

“The Government asked us to rewrite statutory text… This time, the Court obliges.”

He argued:

• “Firearm” means operable weapons or fully finished frames/receivers.
• The ATF’s new reading goes beyond what Congress authorized.
• The ruling opens the door for unchecked regulation of parts, tools—even intent.

⚠️ Why This Matters
This decision isn’t just about ghost guns. It’s about:

• Who writes gun laws—Congress or unelected agencies?
• Due process—Are gun owners given fair notice of what’s illegal?
• Limits on federal power—Can “ready-to-assemble” become a standard for criminal liability?

💡 What Comes Next?

• The case is headed back to lower courts for further review.
• Future lawsuits may challenge how the rule is applied in individual cases.
• Lawmakers may now face pressure to clarify—or resist—how far the ATF can go.

🧠 Bottom Line:
The Supreme Court has greenlit the ATF’s authority to regulate some gun parts kits as firearms. For critics of executive overreach, Bondi v. Vanderstok sets a troubling precedent. It’s a win for federal regulators—and a reminder of how much hinges on judicial interpretation.