Supreme Court to address legality of ghost gun laws next term as MD urges court to allow regulations

July 8, 2024 — Attorney General Anthony G. Brown has joined a group of 24 attorneys general 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. In an amicus curiae brief filed in Garland v. VanDerStokThe coalition calls on the Supreme Court to reverse the Court of Appeals’ decision to strike down the ghost gun laws, arguing that the laws are a common-sense clarification of existing law that is necessary to prevent gun violence and help law enforcement solve serious crimes.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has issued a final rule to combat this growing problem, clarifying that the Gun Control Act of 1968 (GCA) applies to key component 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 violence perpetrators, 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. This case, Garland v. VanDerStokwill be considered by the Supreme Court in the 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.