Attorney General William Tong has joined a coalition of 24 attorneys general in filing an amicus brief in the case of Garland v. VanDerStok, urging the U.S. Supreme Court to uphold federal regulations on ghost guns.
“Ghost guns are guns. They exist for one reason—to evade background checks and law enforcement. The ATF rule is fully lawful and necessary to protect public safety. But we need to be clear-eyed about the severity of this threat, and the serious setbacks to gun safety already inflicted by this court. Connecticut’s commonsense gun laws, while they are no replacement for strong federal action, are more vital than ever,” said Attorney General Tong.
The case centers on a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) rule that clarifies the definition of “firearms” under the Gun Control Act of 1968 (GCA) to include kits and parts that can be assembled into functional firearms. This clarification subjects these kits and nearly-complete guns to the same regulations as conventionally manufactured firearms, including serial number and background check requirements.
The rule was challenged and subsequently struck down by the Court of Appeals for the Fifth Circuit as an impermissible expansion of the GCA. However, the court allowed it to remain in effect pending appeal. The Supreme Court is set to hear this appeal in its next term.
Attorney General Tong and his colleagues argue that upholding the ATF’s ghost gun rule is crucial for public safety and effective law enforcement. They assert that striking down the rule would undermine efforts to close a loophole that allows individuals prohibited from owning firearms to circumvent existing laws through gun kits. The coalition also points out early evidence indicating a reduction in ghost gun recoveries since the rule's implementation in 2023.
The brief was co-led by attorneys general from the District of Columbia, New Jersey, and Pennsylvania, with additional support from attorneys general representing Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Oregon, Rhode Island, Vermont Washington Wisconsin and Northern Mariana Islands.