It was 2022 when the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) ignited a firestorm of constitutional controversy when it changed the legal definition of a firearm without congressional consent.
Under the new rules, manufacturers of hobby kits would be required to imprint serial numbers on parts and conduct background checks on those purchasing their products.
The highly anticipated case is before the U.S. Supreme Court, which opened its new session this week. Justices peppered the government’s representatives with questions that revealed much of their thinking on the contentious subject.
Justice Samuel Alito, in particular, appeared skeptical of the government’s assertion that the presence of the parts constitutes the whole. He presented a pen and a blank pad of paper and then asked, “Is this a grocery list?”
Defenders of the ATF had to respond that it was not and acknowledge that there are several other uses for both.
Alito continued. “If I put on a counter some eggs, some chopped up ham, some chopped up peppers and onions, is that a western omelet?” Again, the government conceded that these ingredients have various uses and do not constitute the finished product.
Justice Neil Gorsuch correctly noted that, as recently as 2021, the ATF declared “that an unfinished frame or receiver does not meet the statutory definition of a firearm.”
However, many observers concluded that the majority of the court, even those who tend to favor Second Amendment rights, appeared to support the administration’s “ghost gun” rule.
For example, Justice Amy Coney Barrett added to the omelet analogy by asking lawyers if their conclusion would change if the kitchen ingredients were purchased from Hello Fresh. This popular delivery service provides food items that are easily assembled into complete dishes.
The government said yes, buying the ingredients with the clear intent to follow a recipe would alter their answer.
The “ghost gun” restriction is currently in effect after the high court refused to block its enforcement in 2023. Chief Justice John Roberts and Barrett joined the three justices who are decidedly hostile to Second Amendment rights in allowing its implementation to proceed.
On Tuesday, Roberts also appeared skeptical of arguments that the “ghost gun” restrictions unduly affect hobbyists who build their own weapons and have done so for centuries. Rule opponents compared the pastime to working on cars on the weekend, noting that parts of a vehicle are not classified as the finished automobile itself.
But the Chief Justice expressed his belief that the kits can be assembled in just minutes, brushing aside the analogy of the weekend car enthusiast. “Well, I mean, drilling a hole or two, I would think, doesn’t give the same sort of reward that you get from working on your car on the weekends.”
Attorney Peter Patterson represented the manufacturers of hobby kits and Second Amendment advocates challenging the administration’s rule.
He asserted that, despite the government’s claim that the kits are simple, constructing a firearm is far more complex. This countered the argument from supporters of “ghost gun” regulations that a bicycle is still a bicycle even if it is missing its pedals.
The question remains, however, at what point does a collection of parts become the finished product?
That was addressed by Solicitor General Elizabeth Prelogar, who spent Tuesday defending the ATF regulation. She claimed that the administration “is not suggesting that scattered components that might have some entirely separate and distinct function could be aggregated and called a weapon.”
If the 5-4 judicial split demonstrated last year and Tuesday’s remarks are any indication, it appears likely the “ghost gun” rule will unfortunately remain in effect. Statements by Roberts and Barrett strongly suggest a rare high court win for Second Amendment opponents.
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