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NEW JERSEY - New Jersey Attorney General Matthew J. Platkin praised the U.S. Supreme Court's 7-2 decision in Garland v. VanDerStok, which upheld a federal rule regulating ghost guns under the same legal framework as traditional firearms. Platkin co-led a coalition of 23 attorneys general in submitting an amicus brief supporting the rule, arguing it is vital to public safety and law enforcement efforts.
“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.”
The federal regulation, issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), clarifies that key components used to assemble ghost guns—firearms made from kits or unfinished parts—fall under the Gun Control Act of 1968. As a result, these components are subject to the same requirements as fully manufactured firearms, including serial number markings, background checks, and recordkeeping by manufacturers and dealers. The rule does not ban gun kits but instead subjects them to the same oversight as complete firearms.
The Supreme Court’s decision reverses a lower court ruling that had invalidated the regulation. The ATF’s rule was first introduced more than two years ago and has been partially in effect since August 2023.
In its brief, the state coalition argued that the rule addresses a major gap in federal oversight and is already showing promising results. According to the New Jersey State Police (NJSP), the average number of privately made firearms (PMFs) recovered in criminal investigations declined from 34 per month in the first half of 2023 to 19 per month in the latter half, following the rule’s partial implementation. Preliminary data from 2024 also show a nearly 50% reduction in recovered PMFs compared to the same period in 2023.
The NJSP further reported that 81% of individuals found in possession of ghost guns in 2024 had prior criminal histories, with more than half having prior felony convictions or gun-related arrests. Some of the recovered firearms were linked to multiple shooting incidents.
The multistate legal effort to defend the ATF rule included participation from attorneys general across 22 states and the District of Columbia, including Arizona, California, Colorado, and New York. Their involvement spanned multiple phases of litigation, including opposition to lower court injunctions and direct appeals to the Supreme Court.
The Supreme Court's ruling affirms the authority of the federal government to regulate ghost guns as part of broader gun control laws and provides law enforcement with continued tools to trace and intercept these weapons, which are often used by individuals prohibited from firearm ownership.