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Wednesday, April 2, 2025

Supreme Court backs federal ghost gun regulation amid support from state attorneys general

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Attorney General Matthew Platkin | Matthew Platkin Official photo

Attorney General Matthew Platkin | Matthew Platkin Official photo

New Jersey Attorney General Matthew J. Platkin has expressed approval of the U.S. Supreme Court's decision in Garland v. VanDerStok, which supports federal regulations on ghost guns. The ruling was a 7-2 decision that aligns ghost gun regulations with those for conventional firearms to prevent access by unauthorized individuals.

Attorney General Platkin stated, "I applaud this critical ruling from the Supreme Court of the United States that upholds commonsense regulations on the sale of ghost guns, and I am proud to lead the fight against these dangerous weapons." He emphasized New Jersey's leadership in gun safety and noted that the decision provides law enforcement with essential tools to protect residents.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a Final Rule over two years ago clarifying that the Gun Control Act of 1968 applies to key components of ghost guns. This rule does not ban gun kits but subjects them to similar requirements as traditional firearms, including serial numbers and background checks. The rule aims to restrict illegal distribution within New Jersey.

The Supreme Court agreed last spring to review a lower court's invalidation of these federal rules. Today’s ruling is seen as supportive of efforts to remove dangerous weapons from New Jersey streets.

An amicus brief co-led by Attorneys General Brian L. Schwalb from Washington D.C., and former Pennsylvania Attorney General Michelle A. Henry argued for the necessity of these regulations for public safety. Since partial implementation in August 2023, there has been a notable decrease in privately made firearms used in crimes reported by the New Jersey State Police (NJSP).

From January to July 2023, NJSP recovered an average of 34 such firearms monthly; this dropped to about 19 per month after August 2023. As of June 28, 2024, NJSP had recovered 100 PMFs compared to 195 during the first half of 2023—a reduction nearing 50%.

Preliminary data suggests encouraging trends regarding PMFs' use in crimes: among individuals possessing PMFs in early 2024, many had prior criminal records or felony convictions.

The coalition supporting these regulations includes attorneys general from multiple states and territories who have submitted briefs throughout ongoing litigation processes at various judicial levels.

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