The Supreme Court has ruled 6-3 that federal regulations requiring serial numbers and background checks on ghost gun kits do not violate the Second Amendment. The decision in Garland v. VanDerStok upholds the ATF's authority to regulate unfinished firearm components.
The majority opinion, authored by the Chief Justice, found that ghost gun kits are "readily convertible" into functional firearms and therefore fall within the scope of the Gun Control Act. The ruling reverses a Fifth Circuit decision that had struck down the ATF rule.
Ghost guns — firearms assembled from kits without serial numbers — have become a significant law enforcement challenge. The ATF reports recovering over 45,000 ghost guns at crime scenes in 2025, up from just 1,600 in 2017. The lack of serial numbers makes them virtually untraceable.
Gun rights organizations expressed disappointment but noted the ruling is narrow, addressing only the regulatory authority question without touching the broader right to bear arms. Some Second Amendment scholars view the ruling as consistent with the court's historical tradition test.
The decision has immediate practical impact, as ghost gun kit manufacturers must now comply with federal licensing, serialization, and background check requirements. Several major kit sellers have announced they will begin compliance immediately.
