New York AG calls on Supreme Court to uphold 'ghost gun' rule

By 
 July 7, 2024

America's highest judicial body has spent much of the past two decades expanding gun rights with a series of Second Amendment cases.

However, New York Attorney General Letitia James recently called on the Supreme Court to defy that trend.

James weighs in on case concerning "ghost guns"

According to Newsweek, put out a statement this past Wednesday concerning so-called "ghost guns," a term which refers to weapons which can be assembled from kits at home without the owner having undergone a background check.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) promulgated a rule in 2022 under which gun parts kits and nearly completed guns are subjected to the same regulations as finished firearms.

That rule was challenged in a lawsuit known as in Garland v. VanDerStok, which saw the Fifth Circuit Court of Appeals strike it down late last year.

The lower court ruling was subsequently put on hold after the Supreme Court agreed to hear arguments from the Department of Justice along with a coalition of  two dozen state attorneys general.

"Ghost guns are just as dangerous as regular firearms"

Newsweek noted how the attorneys general filed an amicus which alleged that permitting the Fifth Circuit's ruling to stand "would allow further proliferation of ghost guns, harming public safety and stymying law enforcement."

"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," James insisted.

For her part, James made her case on social media this past Wednesday, writing, "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 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," the attorney general continued.

Supreme Court has ruled on two gun cases this year

"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," James asserted.

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," she went on to add.

While the Supreme Court faced criticism from gun control groups this year when it ruled that bump stocks do not qualify as automatic weapons under federal law, it also upheld legislation barring domestic abusers from having weapons.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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