California Attorney General Rob Bonta has joined a coalition of 22 attorneys general urging the United States Supreme Court to overturn a decision from the Fifth Circuit Court of Appeals. The court had ruled that a regulation by the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) concerning ghost guns is inconsistent with federal law.
The coalition filed an amicus brief in VanDerStok v. Garland supporting the ATF rule, which took effect in August 2022. This rule categorizes weapon parts kits and certain partially complete frames and receivers as "firearms" under the Gun Control Act of 1968. Under federal law, manufacturers and dealers are required to keep records, conduct background checks on purchasers, and serialize firearms to prevent them from being acquired by criminals or other prohibited individuals. The ATF issued this rule to extend these requirements to components used in assembling ghost guns.
"In the state of California, we have seen firsthand the effectiveness of our commonsense gun laws, and it is imperative that similar laws are implemented nationwide," said Attorney General Bonta. "Each year, an increasing number of unregistered firearms and components find their way into our state from areas with laxer gun control laws. This not only leaves law enforcement in the dark but also puts our communities at risk. This federal rule is crucial to keeping ghost guns out of the hands of dangerous individuals and critical to preventing and solving violent, firearm-related crimes. I am committed to advocating for regulations by ATF in order to ensure the well-being and security of all Californians."
The lawsuit was filed by individual gun owners and pro-gun groups seeking to block ATF’s rule aimed at helping law enforcement protect communities from ghost guns—illegal firearms lacking serial numbers. These unserialized weapons enable unlicensed manufacturers and illegal possessors to circumvent state laws such as California's firearm ownership recording requirements and background checks, making them largely untraceable.
Attorney General Bonta has previously defended ATF’s rule multiple times by joining similar briefs for lawsuits pending in various district courts including those in North Dakota, Southern Texas, Northern Texas, as well as briefs submitted to both the Supreme Court and Fifth Circuit Court of Appeals.
A copy of the brief can be found here.