Texas Circuit Court Invalidated 2022 Regulation for Ghost Gun Market; Prosecutors, Counties and 20 Major Cities Say Final Rule Is Critical To Curbing Untraceable Firearms
FOR IMMEDIATE RELEASE
July 3, 2024
Prosecutors Against Gun Violence has joined with 20 American cities, nine counties and six prosecutors’ offices to file a “Friend of the Court” brief requesting that the United States Supreme Court reverse a Texas circuit court’s decision invalidating the Bureau of Alcohol, Tobacco, Firearms and Explosives ghost gun regulation.
The 5th U.S. Circuit Court of Appeals in Texas had enjoined the ATF from enforcing its “Final Rule,” which requires gun kit manufacturers to be licensed, do background checks and put serial numbers on the gun parts. That court had sided with a Houston-area gun parts maker who filed suit against the rule.
On July 2, 2024, PAGV and the cities of Baltimore, Boston, Chicago, Columbus, Dayton, Hartford, CT; Los Angeles, Minneapolis, Newark, NJ; Oakland, CA; Pittsburgh, Philadelphia, PA; Providence, Rochester, NY; San Diego, San Francisco, San Jose, Seattle, and Syracuse, as well as prosecutors and counties, filed an Amicus Curiae brief in the case of Garland v. VanDerStok, stating that the ATF rule was and remains urgently needed to stem the proliferation of ghost guns.
PAGV Co-Chairs Darcel D. Clark, Bronx County District Attorney, and Zach Klein, Columbus City Attorney, said, “In the years leading up to the implementation of the ATF Final Rule, the ghost gun market was thriving, and our jurisdictions saw a dramatic rise in the use of these untraceable firearms in violent crimes. In less than two years that the Final Rule has been in effect, it appears to have reduced the use of ghost guns, proving that it is vital to public safety.
“We thank Perkins Coie LLP for composing and submitting the brief on our behalf.”
The brief states, “There can be no doubt that ghost gun kits have enabled countless individuals in cities across the country to flout some of the most fundamental gun regulations, including the laws prohibiting convicted felons and domestic abusers from possessing firearms; have led to a substantial increase in guns and gun violence in cities across the country; and have undermined the efforts of law enforcement agencies across the country to deter and prosecute gun violence. As early statistics demonstrate, the Final Rule is absolutely necessary to curb the dangerous proliferation of ghost guns and to promote public safety. For these and all of the reasons set forth herein, (PAGV, counties, and the cities) Amici urge the Court to reverse the judgment of the court of appeals.”
Click to read brief:26488 Cover.pdf (supremecourt.gov)
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Prosecutors Against Gun Violence is a non-partisan coalition of prosecutors serving over 60 million Americans in 24 states across the nation. Since 2014, we have been at the forefront of the fight against gun violence.
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