Maryland Attorney General Urges Supreme Court to Uphold Federal Ghost Gun Law

The Maryland Attorney General’s Office released the following statement on Friday, July 5:

Attorney General Anthony G. Brown has joined a group of 24 attorneys general urging the U.S. Supreme Court to uphold a federal rule that regulates ghost guns — untraceable weapons often manufactured 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 decision striking down the ghost gun rule, arguing that the rule is a commonsense clarification of existing law that is necessary to prevent gun violence and help law enforcement solve serious crimes.

Gun violence has skyrocketed across the country in recent years, with gun homicides rising 45 percent between 2019 and 2021. At the same time, states have reported significant increases in the number of untraceable, non-serial-marked ghost guns recovered by law enforcement. Even in jurisdictions that have attempted to regulate ghost guns themselves, these dangerous weapons have been manufactured and marketed without federal regulation.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued a final regulation to combat this growing problem, clarifying that the Gun Control Act of 1968 (GCA) applies to key
structural components (parts) 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 abusers, and children. The 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.

The rule was challenged, and the Fifth Circuit Court of Appeals invalidated it, 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.

Attorney General Brown and the coalition urge the Supreme Court to uphold the ATF’s ghost gun regulations, arguing that their repeal would harm public safety and make law enforcement more difficult. The coalition describes how the rule is consistent with the text, history, and purpose of the GCA and demonstrates that the Fifth Circuit’s decision was incorrect. The attorneys general argue that the rule is necessary to close a dangerous loophole and deter people who are prohibited from possessing firearms from circumventing the law—something they were able to do before gun kits were subject to the same rules as other firearms. The coalition also shares early evidence that the rule is already improving public safety: Many jurisdictions have seen a decline in the number of ghost gun recoveries since the rule went into effect in 2023.

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