TRENTON — New Jersey Attorney General Matthew J. Platkin today applauded the Supreme Court’s 7-2 ruling in Garland v. VanDerStok upholding a federal government rule closing a loophole regulating ghost guns in the same way as conventional guns, in order to keep them from away from people who should not have them. Attorney General Platkin co-led a coalition of 23 attorneys general in filing an amicus brief with the U.S. Supreme Court in this case.

“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,” said Attorney General Platkin. “New Jersey has long been a leader in commonsense gun safety regulations, and today’s decision will ensure that our law enforcement agencies have another crucial tool to keep our residents safe. We know ghost guns are a grave threat to public safety, and these regulations will curtail the circulation of lethal, untraceable firearms and save lives. New Jersey has just marked two record low years of gun violence, and regulations on ghost guns help us protect our residents from the heartbreaking scourge of gun violence.”

More than two years ago, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a Final Rule to clarify that the Gun Control Act of 1968 (GCA) applies to the key building blocks of ghost guns. This commonsense clarification does not ban gun kits. Rather, it subjects kits and nearly-complete guns to the same rules as conventionally manufactured guns—including serial number and background check requirements—and requires manufacturers and all licensees keep records so that law enforcement officers can trace any self-made guns later used in a crime. It also limits gun traffickers’ ability to distribute these illegal weapons into New Jersey.

Last spring, the Supreme Court agreed to review a lower court decision invalidating federal regulations on ghost guns—rules that are already showing every indication that they are working as intended to get these deadly weapons off New Jersey streets. Today, the Supreme Court ruled 7-2 in favor of federal regulations on ghost guns, helping keep New Jersey communities safe.

The brief, which was also co-led by Attorneys General Brian L. Schwalb of the District of Columbia and former Pennsylvania Attorney General Michelle A. Henry, argued that the Final Rule, which has been partially in effect for almost a year, fills a crucial public safety gap and may already be working to stop gun violence.

Specifically, the brief noted that before the Final Rule went into effect in August 2023, the New Jersey State Police (NJSP) recovered an average of 34 privately made firearms (PMFs) used in crimes per month from January to July 2023. That number dropped to approximately 19 per month between August and December 2023.

NJSP numbers also show that, as of June 28, 2024, 100 PMFs were recovered in crime investigations, as compared to 195 in the first six months of 2023—a nearly 50% drop in the same time period. The PMFs themselves may be reused in multiple crimes, as 15 of the PMFs recovered had been involved in a total of 26 shootings.

Although the data is preliminary and subject to update, it shows encouraging trends. The data also show how PMFs are attractive weapons for individuals with backgrounds that could disqualify them from gun ownership: of 78 unique individuals found to possess PMFs so far in 2024, 81% had prior criminal histories, 58% had prior felony convictions, 51% had prior gun-related arrests, and 17% were involved in previous shootings.

The States submitted amicus briefs throughout this litigation, including during the fight against preliminary and permanent injunctions before the Northern District of Texas, which eventually vacated the entire ATF rule, and in the U.S. Court of Appeals for the Fifth Circuit. The coalition also filed an amicus brief at the Supreme Court previously, urging the Court to allow the ATF rule to remain in effect as the legal challenge continued. The Supreme Court granted both requests.

The brief was joined by the Attorneys General of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the Northern Mariana Islands.

###