Attorney General Letitia James has joined a coalition of 24 attorneys general in urging the United States Supreme Court to uphold a federal rule regulating ghost guns—untraceable weapons often made at home from kits—like other firearms. The coalition filed an amicus brief in Garland v. VanDerStok, seeking to reverse an appeals court decision that overturned this gun safety rule. In the brief, Attorney General James and the coalition argue that the rule clarifies existing law, is necessary to prevent gun violence, and assists law enforcement in solving serious crimes.
"Gun safety laws save lives, and weakening these measures puts Americans in danger," said Attorney General James. "Ghost guns are on the rise across the country, and stripping away federal rules that help regulate these deadly weapons will cause the problem to get worse. I am proud to stand with my fellow attorneys general as we call for this commonsense gun safety measure to stay in place, and for more to be done to protect our communities from senseless gun violence."
As gun violence continues nationwide, states report an increase in untraceable ghost guns recovered by law enforcement. To address this issue, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a Final Rule in 2022 that clarifies the definition of “firearms” under the Gun Control Act of 1968 (GCA) to include kits and parts easily converted into fully-functional firearms. The rule does not ban gun kits but subjects them to serial number and background check requirements like conventionally manufactured guns. This rule was struck down by the Court of Appeals for the Fifth Circuit as an impermissible expansion of the GCA; however, the U.S. Supreme Court allowed it to remain effective while appeals proceed.
In their brief, Attorney General James and her colleagues explain that nullifying this regulation would harm public safety and hinder law enforcement efforts. They assert that the rule aligns with the text, history, and purpose of the GCA and argue that it is essential for closing a dangerous loophole that allows individuals banned from owning guns to circumvent existing laws.
Joining Attorney General James in filing this amicus brief are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey North Carolina Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin District of Columbia Northern Mariana Islands
Attorney General James has been proactive in protecting communities from gun violence. In May 2024 she urged US Court Appeals First Circuit allow Massachusetts’ decades-old ban sale possession assault weapons large-capacity ammunition magazines remain place March 2024 secured $7.8 million judgment against retailer Indie Guns illegally selling components February 2024 announced takedowns trafficking network sold rifles narcotics Dutchess County March 2023 secured court order banning distributors selling shipping parts December 2022 announced takedown operation Queens Westchester counties
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