Supreme Court to Decide Whether Ghost Guns Are Considered Firearms

 Posted on November 12, 2024 in Weapons Offenses

Gun violence is an ongoing issue in the United States, and battles are constantly being waged between people who believe regulations are necessary to protect public safety and those who want to uphold their Second Amendment rights. One issue that has gained attention in recent years is the proliferation of "ghost guns," which are guns that may be assembled using kits that contain pre-made parts. The U.S. Supreme Court is currently considering a case that may affect how ghost guns are regulated, and this decision could affect criminal investigations and cases involving weapons charges.

As firearm regulations change based on new laws, policies, and court decisions, people who are facing criminal charges will need to understand how to address these issues. Representation from an experienced Hartford, CT  attorney is crucial in cases involving weapons. A skilled lawyer can help ensure that issues related to weapons possession will be handled correctly during a criminal case.

What Are Ghost Guns?

People in the United States have many opportunities to obtain firearms. Most people can purchase guns from licensed dealers or other sources. These transactions are tracked to ensure that a person can legally possess a firearm, and requirements such as background checks and waiting periods will usually apply. However, in recent years, concerns have been raised about guns that can be obtained by purchasing kits and assembling weapons from parts.

Firearms built using these kits are known as ghost guns because the parts typically do not have serial numbers, making them untraceable. Since kits can be purchased anonymously without the requirement to provide identification or pass a background check, some are questioning whether people may obtain these weapons illicitly and use them to commit crimes.

Supreme Court Addresses Oversight of Ghost Guns

In 2022, the Bureau of Alcohol, Tobacco, Firearms, and Explosives issued a rule stating that ghost guns are considered to be firearms. This would allow for the regulation of ghost guns, helping law enforcement track their sales and enforce the laws that address the possession and use of weapons. Under this rule, it is possible that certain people could be investigated by law enforcement, and they could face federal charges for firearm possession after obtaining and assembling ghost gun kits.

However, buyers and sellers of ghost gun kits have challenged this rule, claiming that the ATF does not have the authority to define what is and is not a firearm. The case has made its way to the Supreme Court, which is currently considering the issue and is expected to issue a ruling in 2025. Depending on how the Court rules, the government could be constrained in its ability to regulate ghost guns, or law enforcement may be able to ensure that the laws regarding weapons possession and sales will be enforced.

Based on the arguments presented to the Supreme Court, it seems likely that the current regulations will be upheld. The ATF has argued that its rule follows the laws passed by Congress, which define firearms as items that fire projectiles or may be converted to that function with minimal steps. They compared ghost gun kits to items purchased from IKEA, which are still considered to be furniture even if they need to be assembled.

Contact Our Connecticut Weapons Charges Attorney

Due to increased scrutiny of certain types of weapons, there are more and more situations where people may be investigated for offenses related to weapons possession or charged with firearm offenses. At Woolf Law Firm, LLC, we understand how changes to regulations may affect federal or state weapons charges, and we can provide a strong defense for people who have been accused of these crimes. Contact our Hartford, CT weapons charges defense lawyer today at 860-290-8690 to set up a free consultation and get the legal representation you need.