Supreme Court's "Ghost Gun" Ruling Accidentally Paves Way For Next-Gen 80% Firearms

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Supreme Court’s „Ghost Gun” Ruling Accidentally Paves Way For Next-Gen 80% Firearms

In late March, the Supreme Court upheld a Biden administration rule regulating so-called ghost guns — unserialized firearms — delivering what initially appeared to be a victory for billionaire-funded gun control groups, anti-Second Amendment Democrats, and their allies in the corporate media. However, the ruling has inadvertently opened a new frontier for DIY firearm kits, alleges one ghost gun maker.

The high court’s ruling in Bondi v. VanDerStok (originally Garland v. VanDerStok, but renamed after a new Attorney General was appointed) was a 7–2 decision upholding the rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) requiring ghost gun makers to include serial numbers on kits and conduct background checks on purchasers.

According to Defense Distributed’s Cody Wilson, the March 26th opinion, written by Justice Neil Gorsuch, was a master class in judicial hand-waving—a carefully worded evasion that accidentally set a new standard even stronger than Chevron for upholding administrative agency actions while quietly greenlighting the next evolution of DIY firearm kits.

In Wilson’s view, the high court’s ruling did not ban ghost guns but instead inadvertently provided a roadmap for how the industry can survive — and even thrive.

Parsing through Gorsuch’s opinion, Wilson cited a few lines from pages 11 and 12 that show the DIY firearm kit industry is far from dead:

On page 11:

In the same way and for the same reason, an ordinary speaker might well describe the „Buy Build Shoot” kit as a „weapon.” Yes, perhaps a half hour of work is required before anyone can fire a shot. But even as sold, the kit comes with all necessary components, and its in-tended function as an instrument of combat is obvious. Really, the kit’s name says it all: „Buy Build Shoot.”

On page 12:

That turns out to tell us all we need to know about the statute’s „ready conversion” test. As we have seen, a person without any specialized knowledge can convert a starter gun into a working firearm using everyday tools in less than an hour. Mullins, 446 F. 3d, at 755. And measured against that yardstick, the „Buy Build Shoot” kit can be „readily converted” into a firearm too, for it requires no more time, effort, expertise, or specialized tools to complete.

„Although the plain text in this opinion is intended more as an admonishment of Polymer80, which had become the ghost gun industry’s largest single success story, it also undermines the ATF’s purposely vague „tests” for determining when components have or have not become firearms,” Wilson said, adding that ghost gun kits are not dead after the ruling – just the high court saying kits must be:

Require more than an hour of effort and work
Involve uncommon tools to complete, and;
Lack all necessary components to be built into a functioning weapon

On Saturday, Defense Distributed debuted the next iteration of DIY firearm kits that fit the new definitions of the high court’s ruling. The new ghost gun is called the „G80.”