D.A. Bragg & Adams Administration Urge U.S. Supreme Court To Uphold Commonsense Ghost Gun Regulations

Manhattan District Attorney Alvin L. Bragg, Jr. and New York City Mayor Eric Adams today announced the filing of an amicus brief to the U.S. Supreme Court in Garland v. VanDerStok in support of federal regulations issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that require ghost gun parts to have serial numbers and compel background checks for prospective buyers of ghost gun home-assembly kits.

"The continued prevalence of ghost guns poses a major threat to public safety in New York City. While shootings and homicides are down double digits in Manhattan thanks to our close coordination with the NYPD and our federal partners, the technology behind ghost guns is rapidly evolving. These federal rules are a commonsense effort to make it easier for law enforcement to trace ghost guns when they are used in crimes and prevent them from falling into the hands of those who may already have a criminal history. Having strong, comprehensive federal regulation of firearms is absolutely essential for combating the scourge of gun violence and keeping our communities safe," said District Attorney Bragg.

"Ghost guns are one of the fastest-growing threats to public safety, and this Supreme Court case threatens to open the doors wide open for even more of them to flow into our communities," said Mayor Adams. "President Biden and ATF Director Dettelbach have led the strongest gun safety administration in history, and the ghost gun rule they finalized saves lives. It's commonsense: ghost guns are guns, so they should be regulated like guns - and we're grateful to our state lawmakers for passing laws that recognize that. We will continue to do everything in our power to dam every river that feeds the sea of gun violence and endangers New Yorkers, especially our young people."

The brief argues that both the D.A.'s Office and NYPD have been at the forefront of combating the proliferation of ghost guns. In 2020, the Office established the Ghost Guns Initiative to tackle the growing proliferation of untraceable ghost guns in New York City. The Initiative consists of a partnership between the Office and state and federal law enforcement partners that is dedicated to identifying and seeking relief against ghost gun builders and traffickers in the city. In 2020, the NYPD created the Major Case Field Intelligence Team, which works closely with the City's five district attorneys, as well as state and federal law enforcement, to stop the flow of ghost guns. Since the start of the Adams administration, the NYPD has already removed approximately 17,000 illegal guns from city streets, including more than 1,050 ghost guns.

The brief also states that "in just six years, the number of ghost guns in New York City has exploded by nearly 30 times." The lack of federal regulation of "ghost-guns kits and components has allowed these firearms to fall into the hands of dangerous individuals who would otherwise be ineligible to possess these weapons under New York law."

Ghost guns are just as dangerous as traditional firearms, as they are "functionally indistinguishable from pre-assembled guns," and "home-assembled firearms recovered by the NYPD have typically corresponded to specific models of commercially available pre-assembled guns."

Furthermore, "easily assembled ghost guns have become increasingly prevalent among individuals who would otherwise be banned from possessing firearms in New York," and "home-assembly firearm kits are explicitly marketed as a means of bypassing gun-control laws."

"Ghost guns are guns, plain and simple, and they are dangerous," said City Hall Chief Counsel Lisa Zornberg. "New York City has been a national leader in addressing ghost guns, and the Biden administration's rule is a sensible and necessary step to address this growing problem. I am proud to stand with the mayor and leaders from across the country in defense of this commonsense gun safety rule."

"The City of New York has already achieved major victories in its battle against the scourge of ghost guns, including through a successful lawsuit against out-of-state online retailers of these untraceable weapons," said Acting New York City Corporation Counsel Muriel Goode-Trufant. "But the city cannot solve this nationwide problem by itself, and it needs every tool possible to protect New Yorkers. As detailed in our brief, the city supports the Biden administration's common-sense regulations defining ghost guns by what they actually are - firearms. The Fifth Circuit's dangerous decision deprives local police and prosecutors of a crucial tool that would enable them to more easily investigate and prevent crimes committed with ghost guns."

"In recent years, ghost guns have become the weapon of choice for criminals nationwide. They have no place in our communities," said Nick Suplina, senior vice president for law and policy, Everytown for Gun Safety. "Make no mistake: the ATF was right to confirm that the core building blocks of ghost guns are firearms under the law. The Supreme Court should reverse the Fifth Circuit's reckless decision seeking to strike down this rule, and we thank Mayor Adams and District Attorney Bragg for their work to protect innocent people from further harm caused by these untraceable weapons."

Assistant D.A.s Philip V. Tisne and Brent Yarnell prepared the amicus brief, under the supervision of Steven C. Wu (Chief of the Appeals Division) and with assistance from the Law Department.

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