Ghost guns, which are firearms without serial numbers, are often assembled at home using kits or partially complete frames and receivers that can be purchased without undergoing background checks. These weapons pose a significant challenge for law enforcement as they are untraceable.
Maryland Attorney General Anthony G. Brown has taken a stand alongside a coalition of 20 attorneys general by filing an amicus brief with the Supreme Court. This brief supports the federal government's request for a review of a lower court decision that invalidated commonsense "ghost gun" regulations. These regulations were put in place by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) through a "Final Rule" that aimed to ensure ghost guns are regulated just like conventional firearms under the federal Gun Control Act.
Ghost guns, which are firearms without serial numbers, are often assembled at home using kits or partially complete frames and receivers that can be purchased without undergoing background checks. These weapons pose a significant challenge for law enforcement as they are untraceable.
The Final Rule implemented by the ATF addresses this issue by requiring buyers to pass background checks before purchasing these kits. Additionally, the kits and related parts must have a unique serial number, and manufacturers are required to keep records. These measures enable law enforcement officers to trace any self-made guns that may be used in criminal activities. Furthermore, the Final Rule also aims to limit the ability of gun traffickers to distribute these illegal weapons.
By supporting the federal government's request for a review, Attorney General Brown and the coalition of attorneys general are advocating for the importance of these regulations in ensuring public safety and preventing the proliferation of untraceable firearms. “Ghost guns pose the same threat to our communities as ordinary guns,” said Attorney General Brown. “I am committed to protecting Marylanders and closing dangerous loopholes surrounding these deadly devices.” The coalition emphasizes in the document that the Final Rule, which has been in effect for over six months and fills a crucial gap in public safety, might already be making progress in reducing gun violence.
If the U.S. Court of Appeals for the Fifth Circuit's decision to invalidate key parts of the Final Rule is upheld, it would allow untraceable weapons to flood communities, posing a threat to law enforcement's ability to investigate crimes and leading to an increase in gun violence.
Moreover, it would hinder states from safeguarding their own citizens. Currently, 15 states have implemented their own laws to regulate weapon parts kits and partially completed frames or receivers, while 14 jurisdictions prohibit the possession of unserialized firearms. In Maryland, it is against the law to buy, sell, or transfer an unfinished frame or receiver without a serial number as required by federal law. Additionally, Maryland law prohibits the possession of firearms without a serial number if federal law mandates it.
By supporting the federal government's request for a review, Attorney General Brown and the coalition of attorneys general are advocating for the importance of these regulations in ensuring public safety and preventing the proliferation of untraceable firearms.
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