PHILADELPHIA (KYW Newsradio) — Pennsylvania, New Jersey and Delaware are weighing in on behalf of the federal government in a lawsuit challenging the ATF’s ability to regulate so-called “ghost guns,” gun kits bought online and assembled into a working handgun.
New federal rules about ghost guns are set to go into effect in August. But Division 80, a Houston-area manufacturer of those gun assembly kits, sued and is asking a federal judge to block the rule.
The ATF announced in April that starting on August 24, the sales of those gun kits would fall under the same regulations as a traditional firearm. The ruling would require those kits to be subjected to the same regulations, including background checks and traceable serial numbers.
The attorneys general of Pennsylvania, New Jersey, Delaware, 16 other states, and Washington, D.C. have filed a brief in the case supporting the government.
They argue the need for regulation, pointing out that the number of privately made handguns recovered by law enforcement across the country has increased from 1,758 in 2016 to 19,344 in 2021, according to the ATF.
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“For years convicted felons, violent drug dealers, have all been able to buy these guns at gun shows without a background check,” said Pennsylvania Attorney General Josh Shapiro in a statement.
“With these new federal regulations, we are making it harder for gun kits to end up in the hands of criminals and easier for law enforcement to track crime guns in their investigations. All this helps make Pennsylvania communities safer.”
Division 80 argues the ATF has long held the kits are not subject to regulation under the Gun Control Act.
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“There have been more and more ghost guns that are being found in the hands of children, in the hands of criminals,” added Montgomery County District Attorney Kevin Steele.
“We are seeing ghost guns that are involved in lots of different crimes, and they are a real problem because they are unregulated.”
Last week, New Jersey Gov. Phil Murphy signed seven new gun laws, including increased penalties on ghost guns.
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