New York Attorney General Letitia James, along with two dozen other attorneys general, is calling on the U.S. Supreme Court to uphold a federal rule aimed at regulating ghost guns.
“Ghost guns are just as dangerous as regular firearms, and they put all of us in danger,” James wrote on X, formerly known as Twitter, on Wednesday. “My office and 23 AGs are urging the U.S. Supreme Court to uphold a rule that regulates ghost guns the same way as other guns to help protect our communities from gun violence.”
James’ office has been contacted for further comment via email.
The coalition of attorneys general filed an amicus brief in the case Garland v. VanDerStok, urging the Supreme Court to reverse a lower court decision that overturned the rule.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) updated the definition of a “firearm” under the Gun Control Act of 1968 in 2022 to address the rise of ghost guns, which can be assembled from parts and kits purchased online or in stores without background checks.
The rule does not ban ghost guns but subjects gun kits and nearly complete guns to the same regulations as traditional firearms, including requirements for serial numbers and background checks.
The Fifth Circuit Court of Appeals struck down the regulations in November, and the Supreme Court agreed to take up the case in April.
The high court allowed the rule to remain in place while legal challenges continue.
In their brief, the attorneys general argue that the rule aligns with the text, history, and purpose of the Gun Control Act. They warn that striking it down “would allow further proliferation of ghost guns, harming public safety and stymying law enforcement.”
The coalition also argues that the rule is essential to closing a dangerous loophole in federal regulation and preventing individuals banned from owning guns from circumventing the law.
The brief cites evidence that the rule is already having its intended effect, with data from multiple jurisdictions showing a decline in recoveries of privately made firearms.
In the District of Columbia, recoveries fell from 524 in 2022 to 407 in 2023, while Philadelphia saw recoveries drop from 575 in 2022 to 526 in 2023, and 217 so far in 2024.
The rule “advances the GCA’s core aims at a time when federal assistance is critical,” the brief states. “Without banning the sale of kits or self-manufactured guns, the Final Rule ensures that states can at least trace these weapons and that they are not bought by criminals or children as a means of evading state law.”
“Gun safety laws save lives, and weakening these measures puts Americans in danger,” James said in a statement. “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 common sense gun safety measure to stay in place, and for more to be done to protect our communities from senseless gun violence.”
