Wisconsin Urges Supreme Court to Uphold Ghost Gun Law

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Wisconsin Attorney General Josh Kaul joined a group of 24 attorneys general Wednesday 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. In an amicus curiae brief filed in Garland v. VanDerStok, the coalition urges the Supreme Court to reverse the appellate court’s flawed decision striking down the ghost gun rule and argues that the rule is a commonsense clarification of existing law that is necessary to prevent gun violence and help law enforcement solve serious crimes.

“Ghost guns should not be exempt from the laws that govern other firearms. When a background check is required to purchase a firearm, it should be required to purchase a ghost gun,” Kaul said. “The Supreme Court should uphold the ATF rule that closed this dangerous loophole and helps protect the safety of Wisconsin residents.”

Gun homicides increased by 45 percent between 2019 and 2021. At the same time, states reported exponential growth in the number of untraceable, non-serial-marked ghost guns recovered by law enforcement. Before federal regulation, these dangerous weapons were proliferating, even in jurisdictions that attempted to regulate ghost guns themselves.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule to combat this growing problem, clarifying that the Gun Control Act of 1968 (GCA) applies to key components of ghost guns, including gun kits and partially complete frames and receivers. The GCA is a long-standing federal law that regulates the possession and sale of guns and protects guns from people who shouldn’t have them, including people with felony convictions, domestic violence perpetrators and children. The final rule clarifies that the definition of “firearm” includes kits and parts that can be easily converted into a fully functional firearm. This common-sense clarification does not ban gun kits. Instead, it subjects kits and nearly complete guns to the same rules as conventionally manufactured guns — including serial number and background check requirements, according to Kaul.

The rule was challenged, and the Fifth Circuit Court of Appeals found it to be an impermissible extension of the GCA — although the court allowed it to remain in effect pending an appeal. That case, Garland v. VanDerStok, will be heard by the Supreme Court next term.

Kaul and the coalition urge the Supreme Court to uphold the ATF’s ghost gun rule, arguing that striking it down would harm public safety and make it harder to enforce the law. The attorneys general describe how the rule is consistent with the text, history, and purpose of the GCA and show that the Fifth Circuit’s decision was flawed. They argue that the rule is necessary to close a dangerous loophole and deter people who are prohibited from possessing guns from obtaining ghost gun kits.

Wisconsin Attorney General Kaul was joined in filing this motion by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the Northern Mariana Islands.