Letitia James Sends Message to Supreme Court

New York Attorney General Letitia James is among two dozen attorneys general who are urging the US Supreme Court to uphold a federal rule 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 Twitter, on Wednesday.

“My office and 23 AGs are urging the US Supreme Court to uphold a rule that regulates ghost guns the same way as other guns to help protect our communities from gun violence.”

Ghost guns are just as dangerous as regular firearms, and they put all of us in danger.

My office and 23 AGs are urging the US Supreme Court to uphold a rule that regulates ghost guns the same way as other guns to help protect our communities from gun violence.

— NY AG James (@NewYorkStateAG) July 3, 2024

James’ office has been contacted for further comment via email.

The coalition filed an amicus brief in Garland v. VanDerStokurging the nation’s highest court to reverse a lower court’s decision that overturned the rule, James’ office said in a statement.

The Bureau of Alcohol, Tobacco, Firearms and Explosives’ rule in 2022 updated the definition of a “firearm” under the Gun Control Act of 1968 to combat the rise of ghost guns, which can be assembled from parts and kits that are bought online or in stores without background checks into fully functional firearms.

The rule doesn’t ban ghost guns, but subjects gun kits and almost-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 are underway.

In their brief, the coalition of attorneys general argues that the rule is consistent with the text, history and purpose of the GCA and 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 necessary to close a dangerous loophole in federal regulation and prevent people who are banned from owning guns from getting around the existing law.

The brief also includes evidence that the rule is already having its intended effect, citing data from multiple jurisdictions that shows recoveries of privately made firearms have fallen since the rule went into effect. In the District of Columbia, such recoveries fell from 524 in 2022 to 407 in 2023, while recoveries in Philadelphia fell from 575 in 2022 to 526 in 2023 and 217 so far in 2024.

The rule “thus 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.”