GIFFORDS Secures Win in ATF Ghost Gun Case
GIFFORDS Law Center’s lawsuit asked for AR-platform receiver blanks to be classified as firearms.
Washington DC — GIFFORDS Law Center, the legal arm of the gun violence prevention group GIFFORDS, released the following statement after the US District Court for the Northern District of California ruled in its favor. GIFFORDS Law Center, represented by Gibson Dunn and Paul Hastings, joined California Attorney General Rob Bonta to challenge gaps in the ghost gun rule issued by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Those gaps allowed ghost gun companies to continue to sell parts to make highly dangerous ghost guns, such as AR-15s.
David Pucino, Legal Director and Deputy Chief Counsel, GIFFORDS Law Center:
“ATF took an important step last year to stem the flow of untraceable ghost guns. However, critical loopholes still exist in ATF’s current rule. We brought this lawsuit to close those dangerous loopholes that left AR-platform ghost guns on the market, and we applaud the court’s decision ordering ATF to address them. This is a big win for public safety.”
Lee Crain, Partner, Gibson Dunn:
“Today’s decision compelling the ATF to close the loopholes that allowed do-it-yourself AR-15 assault weapons to be sold on the market without a background check or a serial number is a major victory for commonsense gun safety. The Court’s decision represents a significant step forward in addressing the nationwide epidemic of ‘ghost gun’ violence.”
What Are Ghost Guns?
Ghost guns are firearms that do not have serial numbers because they are made by private individuals rather than licensed manufacturers. Because they do not have serial numbers, these guns cannot be traced by law enforcement, which makes it harder to solve crimes and investigate trafficking patterns.
Ghost guns are primarily made using partially complete parts. By leaving intentionally unfinished the key part of the firearm—generally called the “frame” for handguns and the “receiver” for long guns—gun companies have previously been able to sell the parts needed to make a ghost gun while claiming they weren’t selling a gun at all.
As a result, these companies have not conducted background checks and have readily sold ghost gun parts to anyone with the money to buy them, including documented sales to children and people prohibited because of their criminal record. Many of the companies do not even have a license to sell guns.
Read the court’s full decision in the case.
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