Fact Check Analysis: Supreme Court upholds Biden rule requiring serial numbers and background checks for ghost guns




Fact Check: Supreme Court Upholds Biden Ghost Gun Regulation


Supreme Court Ghost Gun Decision

Why This Article Was Fact-Checked

This Associated Press article highlights a U.S. Supreme Court decision that upheld the Biden administration’s regulation requiring serial numbers and background checks for so-called “ghost guns.” A DBUNK user flagged the article, asking: “If ghost guns are such a growing problem, why did it take so long for the government to regulate them?” This fact-check explores that question and evaluates the accuracy and context of the article’s key claims.

The Rise of Ghost Guns and Delayed Regulation

Ghost guns refer to privately assembled firearms that do not have serial numbers, making them untraceable by law enforcement. The surge in their use began in the early 2010s due to the increased availability of build-it-yourself kits and 3D printing. Federal concern about ghost guns grew alongside rising crime data involving these weapons, but regulatory actions were delayed, in part due to political sensitivities around gun rights and the legal gray area of home-manufactured firearms. It wasn’t until 2022 that the Biden administration formally issued a rule targeting these kits under the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s authority.

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Fact-Check of Key Claims

Claim #1: “The number of ghost guns found at crime scenes grew from 1,700 in 2017 to 27,000 in 2023.”

This claim is accurate. According to the U.S. Department of Justice, reports from ATF confirm that law enforcement recovered approximately 1,700 ghost guns in 2017. By 2023, this number had grown to over 27,000. The substantial increase led to growing concern among officials that ghost guns were contributing to gun violence, due in part to their untraceable nature and unregulated sales. Source: U.S. Department of Justice.

Claim #2: “Since the federal rule was finalized, ghost gun numbers have flattened or declined in several major cities.”

This statement is mostly supported by available court filings and local police data. Cities like New York, Baltimore, and Los Angeles have reported a decline or plateau in ghost gun recoveries since the implementation of the 2022 “frame and receiver” rule. However, the data remains mixed nationally, as some jurisdictions have seen steady or increasing incidents. Therefore, while not universally true nationwide, the article is accurate in stating that declines were observed in key metro areas. Source: Court filings in Garland v. VanDerStok.

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Claim #3: “The ‘frame and receiver’ rule requires that kits be treated like firearms with serial numbers and background checks.”

This is factual. The Biden administration’s 2022 rule explicitly redefined “firearms” under federal law to include kits capable of being readily converted into operable guns. This means manufacturers and sellers must include serial numbers on kits and submit buyers to background checks and age verification (minimum 21 years old). The policy was implemented through ATF rulemaking. Source: ATF final rule summary.

Claim #4: “Ghost guns were used in high-profile crimes such as the Philadelphia mass shooting and the UnitedHealthcare CEO’s death.”

This claim is accurate but lacks important context. The Philadelphia mass shooting involved a ghost gun assembled from a kit, which falls under the scope of the new federal regulation. However, the murder of UnitedHealthcare CEO Andrew Witty cited in Manhattan involved a 3D-printed gun, a form of ghost gun not directly regulated by the 2022 ATF rule. The article mentions both events, but fails to clarify that 3D-printed firearms remain largely outside the scope of the current regulation, leading to potential confusion. Source: New York Times.

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Final Verdict

The Associated Press article is factually accurate on core points and aligns with credible, verifiable sources including ATF data, court filings, and federal policy documents. However, it does omit some nuance – notably the distinction between 3D-printed ghost guns and those sold in kits – which could lead to some misunderstanding among readers. Overall, the reporting is balanced and supported by the record, offering truthful and timely coverage of the Supreme Court’s ruling and the federal government’s regulation of ghost guns.

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Read the full article at the source: AP News – Supreme Court Ghost Gun Ruling


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