Supreme Court Upholds Ghost Gun Rule in Case Supported by Morvillo Abramowitz Grand Iason & Anello Amicus Brief

March 27, 2025

CASE UPDATE: In a 7-2 decision, the Supreme Court has upheld an ATF regulation providing that gun parts kits constitute “firearms” under federal law, and thereby are subject to common sense requirements such as background checks and serial numbers. Our attorneys Robert M. Radick and Anna G. Adams authored an amicus brief in this case on behalf of GIFFORDS Gun Owners for Safety, arguing that the ATF regulation was consistent with longstanding firearms laws. This ruling represents an important affirmation of the government’s ability to address untraceable firearms while respecting responsible gun ownership.

BACKGROUND: The amicus brief was filed on behalf of our client GIFFORDS Gun Owners for Safety, which is associated with GIFFORDS, an organization founded by former Congresswoman Gabrielle Giffords. The amicus brief argued in support of the ATF’s “ghost gun rule,” which clarified that kits containing nearly completed weapons that can readily be made operational through a handful of quick and simple steps constitute “firearms” under the provisions of the Gun Control Act of 1968 (“GCA”).

By providing that the nearly operational weapons sold in ghost gun kits are in fact firearms under the GCA, the ghost gun rule seeks to ensure that these readily assembled weapons have serial numbers, are sold only after background checks, and will not continue to be widely available to gun traffickers and those who would use unserialized firearms to facilitate crime and engage in acts of violence.

Our amicus brief on behalf of GIFFORDS Gun Owners for Safety is consistent with the firm’s long-standing participation in the Firearms Accountability Counsel Taskforce (“FACT”), by which the private bar works with the nation’s leading gun violence prevention organizations to reduce gun violence and protect the safety of all Americans.

Amicus Brief

Supreme Court's Decision