Democrat AGs to SCOTUS: Don’t Ghost the ATF’s Rule on Ghost Guns

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  • A coalition of 20 Democratic AGs has filed an amicus brief with the United States Supreme Court in support of the federal government’s request for review of the Fifth Circuit Court of Appeals’ decision in Garland v VanDerStok, which invalidated an ATF “ghost gun” regulation.
  • In their brief, the AGs request that the Supreme Court grant the federal government’s certiorari petition and uphold an ATF final rule that classifies weapon parts kits and partially complete frames and receivers as “firearms” under the federal Gun Control Act. The AGs assert that the rule—which mandates serialization, record-keeping, and background checks for these so-called “ghost guns”—is consistent with the text, history, and purpose of the Gun Control Act.
  • Furthermore, the amicus brief emphasizes that the final rule compliments state efforts to regulate unserialized ghost guns, noting that at least 15 states and the District of Columbia have passed their own laws regulating kits and other unserialized firearms. The AGs further note that federal oversight is necessary to fully ameliorate the issue.
  • Previously, we covered a related amicus brief filed by 19 Democratic AGs in support of the ATF’s Final Rule.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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