New York's Attorney General, Letitia James, is leading a coalition of 24 attorneys general in a plea to the U.S. Supreme Court to maintain a federal regulation concerning ghost guns.
"Ghost guns are just as dangerous as regular firearms, and they put all of us in danger," James expressed on a social media platform, adding, "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."
According to Newsweek, the coalition has submitted an amicus brief, imploring the Supreme Court to overturn a lower court's decision that had previously nullified the rule. The rule in question, established by the Bureau of Alcohol, Tobacco, Firearms and Explosives in 2022, redefined the term "firearm" under the Gun Control Act of 1968. This was done in response to the increasing prevalence of ghost guns, firearms that can be assembled from parts and kits purchased online or in stores without the need for background checks.
The rule does not prohibit ghost guns outright. Instead, it subjects gun kits and nearly complete firearms to the same regulations as traditional firearms. This includes the requirement for serial numbers and background checks. However, the Fifth Circuit Court of Appeals struck down these regulations in November, prompting the Supreme Court to agree to review the case in April. The rule remains in effect while legal challenges are ongoing.
The attorneys general argue that the rule aligns with the text, history, and purpose of the Gun Control Act. They warn that nullifying it would lead to an increase in ghost guns, posing a threat to public safety and hindering law enforcement. The coalition also maintains that the rule is crucial to closing a dangerous loophole in federal regulation, preventing individuals prohibited from owning guns from circumventing the law.
The brief presented by the coalition also provides evidence of the rule's effectiveness. It cites data from multiple jurisdictions showing a decrease in the recovery of privately made firearms since the rule's implementation. For instance, such recoveries in the District of Columbia fell from 524 in 2022 to 407 in 2023. Similarly, recoveries in Philadelphia dropped from 575 in 2022 to 526 in 2023, with 217 recorded so far in 2024.
The rule "advances the GCA's core aims at a time when federal assistance is critical," the brief asserts. It ensures that states can trace these weapons and that they are not purchased by criminals or minors to evade state law, without banning the sale of kits or self-manufactured guns.
James, in a statement, emphasized the importance of gun safety laws in protecting American lives. "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," she warned. She expressed pride in standing with her fellow attorneys general in advocating for the preservation of this gun safety measure and called for further action to shield communities from senseless gun violence.
The rise of ghost guns and the subsequent legal battles highlight the ongoing struggle to balance individual freedom with public safety. As the nation awaits the Supreme Court's decision, the debate over the regulation of these untraceable firearms continues to intensify, underscoring the critical need for effective and sensible gun control measures.
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