Attorney General Kwame Raoul, as part of a coalition of 24 attorneys general, has asked the U.S. Supreme Court to uphold a federal rule recognizing that ghost guns—untraceable weapons often made at home from kits—constitute firearms under the federal Gun Control Act of 1968. In an amicus brief filed in Garland v. VanDerStok, Raoul and the coalition urge the Supreme Court to reverse an appeals court decision overturning the ghost gun rule, arguing that the rule is a commonsense clarification of existing law necessary to prevent gun violence and assist law enforcement in solving serious crimes.
“Ghost guns allow individuals who are not legally able to possess firearms to evade background checks and other safety measures,” Raoul said. “I urge the Supreme Court to reverse this decision and ensure these guns are not allowed on our streets and in our communities.”
In recent years, gun violence has increased across the country, with gun-related homicides rising by 45% between 2019 and 2021. Concurrently, states reported a significant increase in untraceable ghost guns recovered by law enforcement. Without federal regulation, these weapons proliferated even in jurisdictions attempting to regulate them independently.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule clarifying that the Gun Control Act of 1968 applies to key components of ghost guns, including kits and partially complete frames and receivers. The GCA regulates gun ownership and sales to keep firearms out of the hands of those who should not have them, such as individuals convicted of felonies or domestic violence perpetrators. The final rule clarifies that "firearms" include kits and parts easily converted into fully functional firearms. This clarification does not ban gun kits but subjects them to serial number and background check requirements similar to conventionally manufactured firearms.
Raoul and his colleagues argue that striking down the ATF’s ghost gun rule would harm public safety and hinder law enforcement efforts. They assert that the rule aligns with the text, history, and purpose of the GCA while demonstrating that the lower court's decision was erroneous. They also present early evidence showing improved public safety since multiple jurisdictions have seen a drop in ghost gun recoveries following the implementation of this rule in 2023.
Attorney General Raoul has consistently advocated for stronger regulations on 3D-printed guns and ghost guns at both federal and state levels. His office created Crime Gun Connect—a crime-gun tracing database for Illinois law enforcement—and collaborates with local agencies to combat gun trafficking. Additionally, his office works with prosecutors on increasing awareness about Illinois’ red flag law while addressing gaps in firearm licensing systems.
The Attorney General’s office partners with entities like the U.S. Secret Service National Threat Assessment Center (NTAC) for training sessions aimed at preventing targeted acts of violence among community members including law enforcement officers, educators, religious leaders.
Furthermore, Raoul’s office defends cases challenging Illinois' firearm regulations statewide while supporting victims' service providers offering trauma-informed services for crime victims through its Violence Prevention and Crime Victim Services Division.
Joining Raoul in filing today’s amicus brief are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii Maine Maryland Massachusetts Michigan Minnesota Nevada New Jersey New York North Carolina Northern Mariana Islands Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin.