Ghost guns to take center stage at U.S. Supreme Court in the fall

Former ATF Deputy Assistant Director talks what this means for the ATF and the public

LEXINGTON, Ky. (WTVQ) — The U.S. Supreme Court has agreed to hear a case that challenges current President Biden’s administration’s limits on ghost guns.

Essentially, ghost guns do not have a serial number and you can mail-order different parts of the gun, put them together, letting people assemble untraceable guns at home.

“A ghost gun is basically a firearm that is made without a serial number,” says Peter Forcelli, ATF Deputy Assistant Director and former NYPD homicide detective.

Regulations regarding firearms are back, taking center state in the nation’s highest court this fall.
But this time, the firearms in question, ghost guns.

“It can’t be traced through regular means, which is by its serial number, because it doesn’t have a serial number, which is a little different than a gun that is made that has a serial number removed from it, because that’s, that’s something that folks used to do as well was scratch off a serial number. Sometimes we could restore those numbers. But when it never had one, then that option is obviously not there,” he adds.

Kentucky has no law that restricts untraceable firearms or ghost guns.

“Under federal law, though, it’s legal to make a gun for yourself without a serial number, you just can’t sell it without a serial number. And with the new technology, 3-D printing and whatnot, folks are making these guns for themselves, but folks are also selling them, which is a violation of the law when you sell it,” says Forcelli.

Those federal regulations went into effect back in 2022.

“Under federal law, if I wanted to make a gun for myself, and not have a serial number on there, I’m entirely able to do that it’s not a violation of any statute federally, each state has its own set of laws as well, which is important to remember. But if I wanted to take that item and sell it, then I have to put a serial number on it. So that’s the difference. It’s and once it enters into commerce, then it’s supposed to be serialized under the Gun Control Act of 1968,” added Forcelli.

The supreme court will decide if the regulations in 2022, overstep the federal law from 1968.
That regulation approved by the ATF required manufacturers to have serial numbers on the kits and keep records of who purchased them.

“The ghost gun is no more dangerous than an actual gun, and it’s not the gun that’s the danger, t’s being in the hands of criminals that represents the danger,” he also said.

The requirements apply regardless of how the firearm was made, it includes ghost guns made from individual parts or kits or by 3-D printers.

“If you’re going to sell a firearm, it has to be serialized,” he says.

Arguments will be heard no earlier than this fall.

The justice department has told the court that local law enforcement agencies seized more than 19,ooo ghost guns at crime scenes in 2021.