Offering Relief to Communities Targeted by Gun Violence
By Sharon Fountain | Chicago Crusader Managing Editor
Updated March 31, 2025 3:50 PM CDT
In a significant victory for gun safety advocates and local law enforcement, the U.S. Supreme Court on March 26 upheld a Biden administration regulation that brings “ghost guns” under the same legal oversight as traditional firearms. The 7-2 decision marks a pivotal moment in the national debate over untraceable homemade weapons, whose use in criminal activity has exploded in recent years—including in Black communities across Chicago and Northwest Indiana.
The decision preserves a 2022 rule issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which defines key parts of ghost gun kits as firearms under the 1968 Gun Control Act. That ruling requires the inclusion of serial numbers on kits, mandates background checks for purchasers, and compels manufacturers and dealers to be federally licensed.
For years, ghost guns—often sold as “buy, build, shoot” kits or 3D-printed at home—have existed in a legal gray area, enabling anyone, including minors and individuals with criminal records, to assemble lethal firearms without undergoing a background check. Once constructed, they function identically to regular guns but remain untraceable due to the absence of serial numbers. Law enforcement officials nationwide, particularly in cities with high rates of gun violence, have been sounding the alarm.
An Epidemic of Untraceable Firearms
Between 2016 and 2021, the number of suspected ghost guns recovered in criminal investigations and reported to the ATF surged from 1,800 to more than 19,000—a tenfold increase, according to federal data. In Chicago and other urban areas, these weapons have increasingly become tools of choice for individuals prohibited from owning firearms.
Although Illinois already prohibits ghost guns, the ease with which they can be ordered online and shipped into the state has made enforcement difficult. According to firearm policy experts, the lack of federal regulation allowed a black market to flourish, enabling weapons to enter cities like Chicago and Gary through loosely monitored supply chains.
Now, with the Supreme Court’s decision, the federal rule remains intact—requiring that ghost gun parts be serialized and sold only by licensed vendors to individuals who pass background checks.
Chicago Leaders Respond
Following the high court’s ruling, Cook County State’s Attorney Eileen O’Neill Burke and Chicago Police Superintendent Larry Snelling issued a joint statement emphasizing the local impact of the decision:
“We applaud today’s Supreme Court ruling upholding restrictions on ghost guns, which have become far more common over the past decade and led to significant loss of life in Chicago. These homemade firearms — which already are illegal in Illinois — can come from anywhere and are nearly impossible to trace, which hinders criminal investigations. For this reason, they are also popular with gangs who share weapons to commit multiple crimes, and with dangerous individuals who are unable to purchase firearms legally. There is more work to be done — including combating the increased prevalence of illegal machinegun conversion devices, or ‘switches,’ that are continuing to cause so much harm in our communities — but today’s ruling reinforces a welcome tool and commonsense approach in the fight against gun crime. Lives will be saved as a result.”
The Stakes for Black Communities
While ghost guns have not been disproportionately used in mass shootings, gun safety advocates stress their widespread role in daily acts of violence that continue to devastate communities of color. In California, ghost guns accounted for 25 to 50 percent of firearms recovered at crime scenes between 2020 and 2021. Similar trends have been reported in Baltimore and Philadelphia—cities with substantial Black populations and parallel struggles with gun violence.
As published in a March 26, 2025, Washington Post story titled, “Supreme Court allows Biden-era regulations for hard-to-trace ghost guns,” Daniel Webster, a scholar at the Johns Hopkins Center for Gun Violence Solutions, noted that in jurisdictions like Baltimore, the implementation of ghost gun regulations has led to notable declines in their use by those legally barred from owning firearms. “We’ve seen sharp declines in the use of untraceable privately made firearms in violent crime, particularly among individuals prohibited from possessing firearms — underage youth, those with felony convictions and individuals with violent histories,” he said.
Supreme Court Shifts Course
The 7-2 ruling, penned by Justice Neil Gorsuch, represents a departure from the Court’s recent skepticism toward gun regulations. The Court found that ghost gun kits—many of which can be assembled in under an hour—qualify as firearms under federal law due to their completeness and intended use.
“Perhaps a half hour of work is required before anyone can fire a shot,” Gorsuch wrote, adding that “the kit comes with all necessary components, and its intended function as an instrument of combat is obvious.”
While conservative justices Clarence Thomas and Samuel Alito dissented, the ruling was backed by both liberal and conservative members of the Court, reflecting the gravity of the public safety issues at stake.
Challenges and Loopholes Remain
Despite this regulatory win, enforcement gaps and political opposition still pose obstacles. Conservative legal groups, manufacturers, and hobbyist gun owners have continued to challenge the law. A federal appeals court had previously struck down the rule, prompting the Supreme Court to intervene.
Moreover, enforcement has struggled to keep pace with the rapid evolution of ghost gun technology, particularly 3D printing. Experts warn that future regulations must adapt quickly to stay ahead of DIY gun manufacturing methods that continue to elude traditional oversight.
Still, local leaders remain optimistic that the Supreme Court’s decision offers a critical step toward protecting vulnerable communities from the ravages of unregulated gun violence.
Sources
- Torchinsky, Rina. “The Biden Administration is Regulating ‘Ghost Guns.’ Here’s What the Rule Does.” NPR, April 12, 2022.
https://www.npr.org/2022/04/12/1092500137 - Jouvenal, Justin. “Supreme Court Allows Biden-Era Regulations for Hard-to-Trace Ghost Guns.” The Washington Post, March 27, 2025.
- Karni, Annie and Cameron, Chris. “‘Ghost Guns’: What They Are and Why There Has Been a Fight Over Them.” The New York Times, March 27, 2025.
- Joint Statement of Cook County State’s Attorney Eileen O’Neill Burke and Chicago Police Department Superintendent Larry Snelling. Issued by the Cook County State’s Attorney’s Office, March 27, 2025.
- U.S. Supreme Court Decision in VanDerStok v. Garland, upholding the ATF’s 2022 “Frame or Receiver” rule. Ruling issued March 26, 2025.
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “Final Rule: Definition of ‘Frame or Receiver’ and Identification of Firearms.” April 2022.
https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver