The Sconi

Attorney General Kaul joins coalition urging Supreme Court to uphold federal ghost gun regulations

MADISON, Wis. – Attorney General Josh Kaul has joined a group of 24 attorneys general in urging the U.S. Supreme Court to uphold a federal rule that regulates ghost guns—untraceable weapons often made at home from kits—like other firearms. In an amicus brief filed in Garland v. VanDerStok, the coalition urges the Supreme Court to reverse a decision by an appeals court that overturned the ghost gun rule and argues that the rule is a necessary clarification of existing law to prevent gun violence and aid law enforcement in solving serious crimes.

“Ghost guns shouldn’t be exempted from rules that apply to other firearms. When a background check is required to buy a firearm, it should be required to buy a ghost gun as well,” said Attorney General Josh Kaul. “The Supreme Court should uphold the ATF rule that closed this dangerous loophole and is helping to protect the safety of Wisconsinites.”

Between 2019 and 2021, gun-related homicides increased by 45 percent. Concurrently, states reported an exponential increase in the number of untraceable, unserialized ghost guns recovered by law enforcement. Prior to federal regulation, these weapons proliferated even in jurisdictions attempting self-regulation.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a Final Rule addressing this issue by clarifying that the Gun Control Act of 1968 (GCA) applies to key components of ghost guns, including kits and partially complete frames and receivers. The GCA is a longstanding federal law regulating gun ownership and sales, aimed at keeping firearms out of the hands of individuals convicted of felonies, domestic violence perpetrators, and children. The Final Rule clarifies that "firearms" include kits and parts easily converted into fully-functional firearms. This does not ban gun kits but subjects them to serial number and background check requirements similar to conventionally manufactured guns.

The rule was challenged when the Court of Appeals for the Fifth Circuit struck it down as an impermissible expansion of the GCA but allowed it to remain in effect during appeal proceedings. The case will be heard by the Supreme Court during its next term.

Attorney General Kaul and his colleagues argue that upholding the ATF’s ghost gun rule is essential for public safety and effective law enforcement. They assert that striking down the rule would hinder efforts to close loopholes allowing banned individuals from obtaining ghost gun kits.

Joining Attorney General Kaul are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey New York North Carolina Oregon Pennsylvania Rhode Island Vermont Washington Northern Mariana Islands.