A 9mm, unserialized “ghost gun” recovered by police from a repeat felon at the end of a short pursuit in Pasadena on Sept. 4, 2020. (Credit: Pasadena Police Department)
The U.S. Supreme Court has shown signs that it may uphold Biden administration regulations on “ghost guns,” a development that could have significant implications for Pasadena’s ongoing efforts to combat these untraceable firearms.
Ghost guns, as defined by law enforcement, are firearms assembled from kits sold online or from parts, and they can also be 3D printed. These weapons lack serial numbers, making them untraceable and a growing concern for law enforcement agencies nationwide, including in Pasadena.
The Pasadena City Council has been proactive in addressing this issue.
Last year, the Council successfully conducted the second reading of a local unserialized firearm ordinance. This local regulation goes beyond state laws, prohibiting not only the possession of ghost guns but also the kits used to make them. Notably, the ordinance does not provide a “safe harbor” for those who applied for a serial number for their unserialized firearm before January 1.
The Pasadena Police Department has reported recovering numerous ghost guns during routine traffic stops, highlighting the prevalence of these weapons in the community. In a high-profile incident, police reported finding a ghost gun at the scene of the fatal police shooting of Anthony McClain in August 2020. By October 2021, Pasadena police estimated that ghost guns accounted for 10% to 12% of the 250 firearms they had recovered that year.
At the federal level, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began regulating easy-to-assemble gun kits in 2022. The ATF’s action was based on a 1968 law that defines a firearm as a weapon that is designed to — or may readily be converted to — expel a projectile. This move came after the federal government reported a high usage of ghost guns in crimes, prompting action from the Biden administration.
The Supreme Court is now considering whether components of these weapons must be marked with serial numbers and subjected to other rules. During oral arguments, the Justices grappled with defining what constitutes a firearm, using various analogies to test the limits of the ATF’s interpretation.
Justice Samuel Alito, for instance, asked whether a collection of eggs, ham, onions, and peppers on a kitchen counter could be considered an omelet. Justice Amy Coney Barrett followed up by asking about an omelet kit ordered from HelloFresh, illustrating the complexity of the legal debate.
Chief Justice John Roberts appeared to side with the liberal justices, expressing skepticism towards arguments that these kits were primarily for hobbyists rather than individuals attempting to circumvent background checks.
Gun owners and manufacturers have challenged the ATF rule, claiming that the legal definition of a firearm doesn’t include gun parts. Their lawyer, Peter Patterson, argued that the ATF can’t redefine the rules unless Congress changes the law. He noted that the regulations could potentially drive 42 out of 43 kit manufacturers out of business.
The rise of ghost guns has been stark nationwide. The number of ghost guns recovered by police and reported to the ATF rose from 1,600 in 2017 to more than 19,000 in 2021, underscoring the growing concern over these weapons.
For Pasadena residents, the Supreme Court’s decision could have significant implications.
If upheld, the federal regulations would align more closely with Pasadena’s local approach, potentially providing additional support for local law enforcement efforts to trace and regulate these weapons. It may also lend legal backing to the city’s existing ordinance, potentially making it easier to enforce.