As gun violence continues to rise in the United States, the Biden administration is pushing for tougher regulations on “ghost guns,” which are notoriously hard to trace. Interestingly, many Supreme Court justices appear to support this initiative. During oral arguments on October 8, The Washington Post reported that several justices expressed doubts about the claims made by gun owners, manufacturers, and advocates of the Second Amendment who argue that the government’s regulations from 2022 exceed its authority.

Ghost guns are generally assembled from components manufactured privately or through 3D printing, and their presence in criminal activity has surged over the last decade. Manufacturers often assert that they aren’t bound by standard commercial gun sales regulations, arguing that ghost guns fall outside the legal definition of firearms under current national laws and are sold only to those who share their views.

Chief Justice John Roberts questioned the accessibility of ghost guns, stating he found the claims hard to accept. While discussing the case Garland v. VanDerStok with the plaintiff’s attorney, he remarked, “Drilling one or two holes, I think, is quite different from the satisfaction of working on your car over the weekend.”

If the Supreme Court decides to back the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) ruling regarding ghost gun regulations, it would be a notable shift, especially with the Court’s conservative majority typically skeptical of gun regulations. In 2022, they made a groundbreaking ruling that simplified the process for challenging restrictive laws.

Elizabeth Prelogar, the U.S. Solicitor General representing the government, emphasized the critical relationship between gun control measures over the past fifty years. She argued that failing to regulate ghost guns poses significant risks. “Recent cases involving ghost guns have surged,” she highlighted.

In 2017, law enforcement tracked 1,800 ghost guns, a number that skyrocketed to over 19,000 by 2021. That year alone, nearly 700 homicide or attempted homicide cases were linked to these weapons. Authorities note that fewer than 1% of these firearms can be traced due to the absence of serial numbers and purchase records.

Additionally, ghost guns do not require background checks, making it alarmingly easy for prohibited individuals, including criminals and young people, to obtain them. In response to this growing issue, the ATF has revised its interpretation of the Gun Control Act of 1968, asserting that ghost guns should be subject to the same regulatory standards as commercially sold firearms.