WASHINGTON – On Tuesday, the Supreme Court appeared inclined to support the Biden administration’s efforts to regulate “ghost guns,” focusing on the criteria for marking gun components with serial numbers and applicable regulations.

In 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) initiated regulations on do-it-yourself gun kits, leveraging a 1968 law that classifies firearms as items made to or easily convertible to discharge projectiles.

However, gun owners and manufacturers disputing the measure argue that this classification does not encompass mere gun parts.

During over an hour of discussions, the justices explored analogies to less contentious products to evaluate whether the ATF had overstepped its authority.

Justice Samuel Alito inquired if a mix of eggs, ham, onions, and peppers set out on a counter could be called a western omelet.

Solicitor General Elizabeth Prelogar responded negatively, stating those ingredients are versatile.

Justice Amy Coney Barrett followed up, asking if those components were purchased as an omelet kit from HelloFresh.

Prelogar noted that would be distinct, as it would be quite reasonable to refer to that purchase as acquiring an omelet.

In the same vein, she argued that the common understanding of weapons should include those that are almost ready for use.

Conversely, Peter Patterson, representing the gun owners and manufacturers, contended that the ATF should not alter the rules unless Congress modifies the law, stating that these regulations could potentially drive 42 out of 43 kit makers out of business.

Patterson remarked that there is indeed a significant shift occurring within the agency.

Recently, the Supreme Court had determined that the Trump administration overstepped by banning “bump stocks,” which transform a semi-automatic rifle into an automatic one.

In this issue, two conservative justices – Barrett and Chief Justice John Roberts – had previously sided with the administration during initial proceedings.

In 2023, they aligned with the three liberal justices to permit the enforcement of the regulation while it is contested.

On Tuesday, Roberts expressed doubts about claims that the weapon kits target hobbyists instead of individuals seeking to sidestep buying a gun with a serial number from licensed dealers who conduct background checks.

Roberts questioned whether someone who merely drills a couple of holes and disassembles plastic components to create a firearm would truly feel accomplished.

“He wouldn’t really perceive that he’s made that gun, would he?” Roberts asked.

Patterson responded, “I can’t speak for that individual, but I believe he would. It’s not a straightforward situation.”

Patterson advised Justice Neil Gorsuch that interpreting firearms as easily convertible under the 1968 federal guidelines could disrupt existing gun laws, as drilling a single hole could turn an AR-15 from semi-automatic to a fully automatic version, or modifying a traditional rifle by sawing off its barrel to create a short-barrel rifle.

“That could create chaos for firearm regulations,” Patterson stated.

He suggested that a more effective method for determining whether a gun is complete would be to consider “critical machining operations” like drilling.

Barrett replied that the term “critical machining operations” isn’t mentioned in the statute, questioning if it seems somewhat fabricated. “It appears a bit invented, doesn’t it?” she asked.

Justice Brett Kavanaugh, who had previously shown support for the manufacturers in 2023, appeared to reconsider his stance.

Kavanaugh acknowledged the force of Prelogar’s interpretation of the law but expressed concerns about how a seller might be prosecuted if they were unaware of law violations. Prelogar indicated that the statute requires proof of willful wrongdoing on the seller’s part, a clarification Kavanaugh deemed “helpful.”

The Biden administration initiated regulation of weapon kits in 2022 in reaction to a significant uptick in the use of ghost guns in criminal activities.

Reports show that police recovered ghost guns rose from 1,600 in 2017 to over 19,000 in 2021.

A group of cities and prosecutors backing the regulations presented evidence to the court that the use of ghost guns has significantly decreased since the measures were put into effect.

Prelogar concluded her arguments by warning that if gun manufacturers can evade regulations by merely leaving one hole undrilled in a firearm, then “it would be possible for all guns to be classified as ghost guns.”