US Supreme Court Rules on Regulation of Ghost Guns

Ghost Gun Laws in New Jersey

The US Supreme Court, in a 7-2 decision, recently upheld the constitutionality of regulations as it pertains to ghost guns, or guns that can be assembled from parts kits. Specifically, a buyer must undergo a federal background check, verify their age is over 21, and there must be serial numbers on these weapons so that law enforcement can trace them if such weapons are used in crimes. Federal law does not prohibit the possession of a ghost gun or parts kit. The US Supreme Court just enabled the Federal Government to make it more difficult to lawfully obtain a ghost gun. New Jersey is one of the states that prohibits possession of ghost guns within its borders. New Jersey addresses the criminality of ghost guns, which is enumerated in NJSA 2C:39-9(k) as a firearm which does not have a serial number imprinted on it which is ordinarily registered to a FFL or a combination of parts that cannot function as a firearm unless it is assembled into a firearm that does not have serial numbers on them. Violating this law is a crime of the Second Degree, meaning that being convicted of this law not only makes you a felon, but can subject you to serve up to ten years in State Prison. It isn’t just the unlawful use of such a weapon that is criminalized, but rather the possession, transfer, and ownership of such spare parts, regardless of one’s actual intent. New Jersey has a reputation for heavily regulating firearms ownership, use, possession, and transportation.

New Jersey is also known for coming up with firearm related laws that many states do not enact. For instance, New Jersey has made more stringent laws concerning magazine capacity, reducing the lawful maximum capacity from 15 to 10 rounds per magazine which turned many once law-abiding citizens into felons overnight with nothing more than the stroke of a pen. People who once lawfully purchased such magazines IN NEW JERSEY are now criminals for possessing something that was purchased in the Garden State. Not only has it become unlawful to possess certain firearms and certain accessories to firearms, but New Jersey is trying to make the mere possession of instructions on how to operate certain firearms a crime even if you don’t have the firearm in your possession with the instructions themselves.

The US Supreme Court ruling, while celebrated by New Jersey Democrats and the New Jersey Attorney General Platkin, does not have much bearing or impact on the state laws related to ghost guns as New Jersey bans ghost guns. Such additional regulations would only impact states where ghost guns are lawful to possess and purchase, and those states whose firearms laws are less stringent than the federal regulations. The case does not go into detail about the constitutionality of other weapons regulations or address issues unrelated to pre-existing laws implemented by the Biden administration during his term of office. What this ruling by the US Supreme Court does, however, for advocates of more stringent gun control laws is embolden them to make new laws related to firearms regulation in the Legislative Bodies (such as New Jersey), such as the aforementioned proposed ban on being able to possess instructions on how to operate and assemble ghost guns or parts kits even if you don’t have the parts in your possession to assemble.

The US Supreme Court ruling adds additional restrictions and finds constitutional other prerequisites one must comply with before being able to lawfully own a ghost gun and does not ban ghost guns on a federal level. The states are still free to add additional restrictions to ghost gun ownership or outright ban the possession of ghost guns, such as New Jersey’s legislature did and further expanded the prohibition of ghost guns. Given the political climate in New Jersey as it relates to firearms regulation, especially taking into consideration the recent Supreme Court ruling relating to ghost guns, it bears repeating that the way someone may acquire a ‘ghost gun’ or a parts kit is not at issue nor is it a defense to being charged with unlawful possession of a ghost gun in New Jersey. Whether you live in New Jersey or somewhere else, and whether you purchase the parts kit lawfully online, through private sale, or through FFL, if you possess the prohibited item in New Jersey expect to be fully prosecuted for possession of weapon contraband in violation of New Jersey state law. The justices in the majority cited the distinction between actual firearms and parts used to assemble firearms to authorize the regulations, and the dissent voiced their concerns for the potential ‘slippery slope’ of additional regulations that may take effect based on the ruling of the high court.

As always, check with your local state laws to see if you can own a ghost gun. In New Jersey, you are still prohibited from doing so.