Brady Supports Regulations on Untraceable Ghost Guns

Garland v. VanDerStok

Amicus Briefs Filed:

Topic: The regulation of ghost guns by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

Case Summary: Ghost guns are untraceable firearms that an individual can easily assemble at home, using components purchased either as a kit or as separate parts. In 2022, ATF promulgated a Rule confirming that ghost guns are firearms and are subject to the same regulations as all firearms under the Gun Control Act of 1968 — meaning that they must be serialized and sold by a licensed dealer, and are subject to a Brady Background Check.

In a pair of cases, a group of plaintiffs — including individuals, distributors, and a gun rights group — challenged the Rule. The U.S. District Court for the Northern District of Texas struck it down. Although the Fifth Circuit Court of Appeals refused to put the district court’s order on hold and allow the Rule to remain in effect, the U.S. Supreme Court intervened and stayed the district court’s decision, meaning that the Rule could be enforced while the litigation proceeded. Additional litigation in the district court and the Fifth Circuit followed, and after an additional adverse ruling from the Fifth Circuit, ATF asked the Supreme Court to hear the case on the merits. The Supreme Court agreed, and in March 2025, in a 7-2 decision, it ruled that ghost guns are firearms and can be regulated as firearms, and that ATF had the authority to issue the Rule.

Brady’s Amicus Brief: Brady filed amicus briefs at multiple stages of the case, at every level of federal court. The briefs explain that the Rule comports with the text of the Gun Control Act and is consistent with historical interpretations of that statute. It also does not interfere with lawful gun owners: it does not implicate the text of the Second Amendment, and regardless, is consistent with America’s tradition of regulating gun manufacturing. Critically, the briefs detail the stark threat that ghost guns present, particularly their use in crime, their role in proliferating violence, and the improvements seen once the Rule went into effect. Ghost guns are of significant interest to one group of consumers, and one group of consumers only: would-be criminals. As was made clear through questioning by Chief Justice Roberts during the oral argument, there is no other reason to purchase a gun parts kit in an effort to evade background checks and serialization.