New York Attorney General Joins Coalition Urging Supreme Court to Regulate Ghost Guns

Attorney General Letitia James has joined a coalition of 24 attorneys general calling on the U.S. Supreme Court to uphold a federal law that governs ghost guns — untraceable weapons often made at home from do-it-yourself kits.

The coalition filed an amicus curiae brief in Garland v. VanDerStok, urging the court to reverse an appeals court decision that struck down the gun safety rule. The brief argues 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.”

States are seeing an increase in the number of untraceable, non-serial marked ghost guns recovered by law enforcement. To combat this growing problem, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule in 2022 clarifying 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 rule does not ban kits but subjects them to the same regulations as conventionally manufactured firearms, including serial number and background check requirements. However, the Fifth Circuit Court of Appeals invalidated the rule, finding it to be an impermissible extension of the GCA, although the Supreme Court allowed the rule to remain in effect during the appeals process.

Attorney General James and the coalition argue that repealing the provision would harm public safety and impede law enforcement efforts. They argue that the provision is consistent with the text, history, and purpose of the GCA, and that the Fifth Circuit’s decision was flawed. The coalition argues that the provision is necessary to close a loophole that previously allowed people who were prohibited from possessing firearms to circumvent the law.

Attorney General James was joined in the 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.