Yes, the ATF Can Legally Regulate Ghost Guns

The motivation for the rule may be questionable, but the statutory grounds for it are not.

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Parts of a ghost gun kit are on display at an event held by President Joe Biden to announce measures to fight ghost gun crime, at the White House in Washington D.C., April 11, 2022.

Kevin Lamarque/Reuters

Like any good libertarian, I’m no fan of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) — or any other administrative agency, for that matter. But the Supreme Court was right to allow the ATF to proceed with its regulation of “ghost guns.”

The ATF’s rule interprets the definition of “firearm” in the Gun Control Act of 1968 (GCA) to include firearm kits and components. Previously, the definition was understood not only to apply to assembled guns, but to “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.”

Jonathan Nicastro

About the Author

Jonathan Nicastro

Jonathan Nicastro, a student at Dartmouth College, is a summer intern at National Review.

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