Attorney General Letitia James has joined a coalition of 24 state attorneys general in urging the U.S. Supreme Court to uphold a federal rule that regulates ghost guns, untraceable weapons often made at home from kits like other firearms. The coalition filed an amicus curiae brief. Garland vs. VanDerStokand asked the court to reverse an appeals court decision that had struck down the gun safety rule. In the brief, Attorney General James and the coalition argue that the rule clarifies existing law and is necessary to prevent gun violence.
“Gun safety laws save lives, and weakening these measures puts Americans at risk,” said Attorney General James. “Ghost guns are on the rise across the country, and eliminating the federal laws that regulate these deadly weapons will exacerbate the problem. I am proud to join my colleagues at the Department of Justice in demanding that this common-sense gun safety measure remain in place and that more be done to protect our communities from senseless gun violence.”
States are seeing an increase in the number of untraceable, unserialized ghost guns seized by law enforcement. To combat the growing problem of ghost guns, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule in 2022 that clarified the definition of “firearm” in the Gun Control Act of 1968 (GCA) to include kits and parts that can be easily converted into fully functional firearms. The final rule does not prohibit gun kits, but subjects gun kits and nearly complete guns to the same rules as conventionally manufactured guns, including serial number and background check requirements. The rule was overturned by the Court of Appeals for the Fifth Circuit because it was an impermissible extension of the GCA, although the U.S. Supreme Court left the final rule in effect during the appeal process.
In the brief, the coalition of attorneys general states that repealing this federal regulation would endanger public safety and hinder law enforcement. The coalition notes that the rule is consistent with the text, history, and purpose of the GCA and that the Fifth Circuit Court’s decision was erroneous. The coalition argues that the rule is necessary to close a dangerous loophole in the law and prevent people who are prohibited from owning guns from gaining access to ghost guns.
Attorney General James is joined by the Attorneys General of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, the District of Colombia, and the Northern Mariana Islands in filing this amicus curiae brief.
