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On Wednesday, the Supreme Court handed down its long-awaited ruling in Bondi v. Vanderstok, upholding the Biden administration’s 2022 rule that allows the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to regulate so-called “ghost guns.” But while headlines may frame this as a Second Amendment loss, that’s not the real story here.
The real story is this: the administrative state just scored another narrow, but important, win—and once again, it did so not through an act of Congress, but through bureaucratic interpretation.
Let’s walk through what actually happened. //
This case was a challenge to the ATF’s rule under the Administrative Procedure Act (APA)—a law meant to prevent executive agencies from exceeding their statutory authority. //
This may sound reasonable on paper—especially given concerns over untraceable firearms—but it opens the door to something much more troubling: the broadening of executive power through regulation rather than legislation.
Congress never passed a law banning or regulating ghost guns. Instead, the ATF reinterpreted existing law to give itself that authority. And the Supreme Court just signed off on that approach.
That’s the real concern here. Not the regulation itself, but the process. //
In a blistering dissent, Justice Clarence Thomas warned that the Court was effectively rewriting the statute to allow the executive branch to regulate products Congress never intended to regulate. He pointed out that the Gun Control Act only allows the ATF to regulate certain gun parts, not any part or unfinished frame that might one day become part of a gun.
He also noted that the logic behind the majority’s ruling could eventually be used to justify classifying AR-15 receivers as “machineguns” under the National Firearms Act—an outcome that would have massive legal implications for millions of gun owners nationwide.