Mercer Times

Attorney General Matthew J. Platkin is co-leading a coalition of 23 attorneys general in filing an amicus brief with the U.S. Supreme Court in Garland v. VanDerStok, supporting a federal government rule that regulates ghost guns similarly to conventional firearms.

Ghost guns are weapons without serial numbers, often made at home from kits or partially complete frames and receivers, which can be purchased without background checks. These untraceable weapons are frequently sought by individuals prohibited from possessing firearms, including those convicted of felonies, domestic violence perpetrators, and minors. New Jersey has banned ghost guns since 2018.

Over two years ago, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a Final Rule clarifying that the Gun Control Act of 1968 applies to key components of ghost guns. This clarification does not ban gun kits but subjects them to the same regulations as conventionally manufactured guns—requiring serial numbers and background checks—and mandates that manufacturers and licensees keep records for law enforcement tracing purposes.

The Supreme Court agreed this spring to review a lower court decision invalidating these federal regulations on ghost guns. The case will be heard in the next term beginning October 2024.

“Ghost guns are a pernicious scourge, and we are standing up to ensure that homemade guns cannot wreak havoc in our communities,” said Attorney General Platkin. “Without ATF’s important rule, law enforcement is left to navigate a patchwork system of laws that allow otherwise untraceable guns to slip through the cracks. Gun violence is a public health crisis, and we need every tool available to combat it.”

The brief was also co-led by Attorneys General Brian L. Schwalb of the District of Columbia and Michelle A. Henry of Pennsylvania. It argues that the Final Rule fills a crucial public safety gap and may already be working to reduce gun violence.

Before the Final Rule went into effect in August 2023, New Jersey State Police (NJSP) recovered an average of 34 privately made firearms (PMFs) used in crimes per month from January to July 2023; this number dropped to approximately 19 per month between August and December 2023.

NJSP data shows that as of June 28, 2024, they had recovered 100 PMFs in crime investigations so far this year compared to 195 in the first six months of 2023—a nearly 50% drop over the same period. Of these PMFs recovered so far this year, many were involved in multiple crimes: fifteen PMFs were linked to twenty-six shootings.

Preliminary data indicates encouraging trends: among seventy-eight unique individuals found with PMFs so far in 2024, eighty-one percent had prior criminal histories; fifty-eight percent had prior felony convictions; fifty-one percent had prior gun-related arrests; seventeen percent were involved in previous shootings.

This coalition has previously defended this regulation throughout various stages of litigation including before preliminary injunctions at the Northern District of Texas—which vacated the entire ATF rule—and at the U.S. Court of Appeals for the Fifth Circuit. The States also filed an amicus brief urging the Supreme Court to allow ATF's rule during ongoing legal challenges; both requests were granted by the Court.

The brief was joined by Attorneys General from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois Maine Maryland Massachusetts Michigan Minnesota Nevada New York North Carolina Oregon Rhode Island Vermont Washington Wisconsin Northern Mariana Islands

This matter is being handled by Assistant Section Chief Andrew Yang Deputy Attorney General Samuel Rubinstein under supervision Section Chief Jessica Palmer Assistant Attorney General David Leit Special Litigation Section within Division Law Affirmative Civil Enforcement Practice Group