NACo Legal Advocacy: Garland v. VanDerStok

COUNTY NEXUS

Garland v. VanDerStok has implications for the ability of county law enforcement to uphold public safety and investigate crimes involving ghost guns.

BACKGROUND

Untraceable, self-assembled weapons parts, known as “ghost guns,” are sold in parts, often via the internet without a license. They don't have serial numbers and are nearly impossible for law enforcement to trace, raising alarm that virtually anyone with a credit card and the ability to follow simple assembly instructions could acquire a firearm this way. In 2022, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives updated its definition of firearms in an attempt to crack down on the proliferation in the market. The regulation requires serial numbers on parts kits, and companies that sell them must have federal firearm licenses. Impacted manufacturers sued and won in Federal court, with the 5^th Circuit upholding that ruling on appeal. The federal government then petitioned the Supreme Court to hear the case, with the justices ruling by a 5-4 vote to allow the regulation to stay in effect during litigation. The Court will consider whether untraceable, self-assembled weapons parts are considered firearms and therefore subject to ATF regulation. 

NACo ADVOCACY

In a Local Government Legal Center amicus brief filed in support of the Petitioner, arguing that the proliferation of ghost guns is carries substantial public safety implications for local communities. Overturning ATF’s regulation would allow a loophole through which prohibited individuals, including minors, can more easily access and self-build guns while impeding the ability of county law enforcement to investigate offenses committed with ghost guns. 

CURRENT STATUS

Oral argument scheduled for October 8, 2024.