Attorney General James Takes Action to Uphold Federal Ghost Gun Laws

Attorney General Letitia James has joined a coalition of 24 attorneys general in urging the U.S. Supreme Court to uphold a federal law that regulates ghost guns — untraceable weapons often made at home from kits — like other firearms. The coalition filed an amicus curiae brief in Garland v. VanDerStokurging the court to reverse an appeals court decision that invalidated this common-sense gun safety rule. In brief, Attorney General James and the coalition argue that the rule clarifies existing law, is necessary to prevent gun violence, and helps law enforcement solve serious crimes.

“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 federal laws regulating these deadly weapons will only make the problem worse. I am proud to stand with my fellow attorneys general to call for the preservation of this sensible gun safety measure and for more action to protect our communities from senseless gun violence.”

As gun violence continues to plague the country, states are seeing an increase in the number of untraceable, unnumbered ghost guns recovered by law enforcement. To combat the growing problem of ghost guns, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued Final Rule 2022 that clarifies the definition of “firearm” in the Gun Control Act of 1968 (GCA) to include kits and parts that can be easily converted into a fully functional firearm. The Final Rule does not prohibit gun kits, but subjects gun kits and nearly complete firearms to the same rules as conventionally manufactured firearms, including serial number and background check requirements. The common sense rule was overturned by the Fifth Circuit Court of Appeals, ruling that it was an impermissible extension of the GCA, although the U.S. Supreme Court allowed the Final Rule to remain in effect pending appeal.

In the brief, Attorney General James and the coalition of attorneys general explain that invalidating this federal regulation would harm public safety and make law enforcement more difficult. The coalition notes that the rule is consistent with the text, history, and purpose of the GCA and has shown that the Fifth Circuit’s decision was flawed. The coalition argues that the rule is necessary to close a dangerous loophole and prevent people who are prohibited from possessing firearms from circumventing the law—something they could do more easily before gun kits were subject to the same regulations as other firearms.

Attorney General James was joined in filing this amicus curiae brief 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 Columbia, and the Northern Mariana Islands.

Attorney General James has been a leader in the fight to protect New Yorkers and communities across the country from gun violence. In May 2024, Attorney General James joined a coalition of attorneys general in urging the United States Court of Appeals for the First Circuit to uphold Massachusetts’ decades-long ban on the sale and possession of assault weapons and high-capacity ammunition magazines. In March 2024, Attorney General James obtained a $7.8 million judgment against gun dealer Indie Guns for illegally selling ghost gun parts in New York. In February 2024, Attorney General James announced the dismantling of a gun trafficking network that sold ghost guns and assault rifles, as well as a drug trafficking network in Dutchess County. In March 2023, Attorney General James obtained a court order prohibiting 10 gun dealers from selling or shipping ghost gun parts to New York. In December 2022, Attorney General James announced a shutdown of illegal gun trafficking activities in Queens and Westchester Counties.

Information provided by Attorney General James’ Office.