Michigan Attorney General Dana Nessel has joined a coalition of 24 attorneys general urging the U.S. Supreme Court to uphold a federal rule regulating ghost guns—untraceable weapons often assembled from kits. In an amicus brief filed in Garland v. VanDerStok, the coalition argues that the rule is a necessary clarification of existing law to prevent gun violence and aid law enforcement.
"Ghost guns pose a significant threat to public safety, making it easy for those prohibited from possessing firearms to assemble untraceable weapons," said Nessel. "Closing this deadly loophole is critical in our efforts to ensure that all firearms, even those built from kits, are subject to the same legal standards."
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a Final Rule clarifying that the Gun Control Act of 1968 (GCA) applies to key components of ghost guns, including gun kits and partially complete frames and receivers. The GCA regulates gun ownership and sales, aiming to keep firearms out of the hands of individuals convicted of felonies, domestic violence perpetrators, and children. The Final Rule specifies that "firearms" include kits and parts easily converted into fully functional guns, subjecting them to serial number and background check requirements.
The rule was challenged by the Court of Appeals for the Fifth Circuit, which struck it down as an impermissible expansion of the GCA but allowed it to remain in effect during the appeal. The case will be heard by the Supreme Court during its next term.
AG Nessel and her colleagues argue that upholding the ATF’s ghost gun rule is essential for public safety and law enforcement efficacy. They contend that the Fifth Circuit's decision was erroneous and inconsistent with the text, history, and purpose of the GCA.
The brief was co-led by attorneys general from the District of Columbia, New Jersey, and Pennsylvania and included support from attorneys general across 21 other states and territories.
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