WASHINGTON, D.C. – Saying Americans are clamoring for action on the issue of gun violence, U.S. Senator Charles Schumer said, today, that under current law, the Department of Justice (DOJ) in concert with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) can do something—right now—to tackle the rising threat of untraceable and undetectable firearms known as ‘Ghost Guns.’
“Amid the pain of another senseless shooting in this country, Americans are clamoring for the feds to do something, and so I’m calling for DOJ and ATF to use their existing authorities to act,” Schumer said. “The lights are flashing red on the issue of ghost guns and the rising threat posed by these totally unregulated, available-to-anyone, no-background-check-required weapons. That is why we are demanding the feds take action now, before these easy-to-use assembly kits result in another foreseeable and preventable tragedy.”
Schumer explained that ‘ghost guns’ are sold in pieces or kits and come without background checks, serial numbers, or anything else that the current law demands of legally purchased firearms—despite the fact that only a few simple steps are required to turn these unfinished pieces into fully functional weapons.
Schumer said New York has already seen ghost guns used in crimes, and that Attorney General Letitia James has taken strong action to prevent their flow here, but that using existing authority to close the federal loophole allowing these weapons to proliferate across the country is a commonsense action that the feds can and must take to make New Yorkers safer, right now.
In September 2019, Attorney General Tish James sent cease and desist letters to companies behind a number of websites selling incomplete weaponry pieces—ghost gun kits—to New Yorkers that could be easily assembled into illegal assault weapons. In July 2020, Attorney General James announced that all the companies behind the sale of these firearms or firearms components had complied with her cease and desist letters and ended the sale of these weapons to New Yorkers.
But Schumer, today, said this hard work is for naught unless the feds stop the unfettered flow of these kits across the country.
“In some states, it is harder to buy cold medicine than it is a ghost gun assembly kit,” Schumer said. “The feds know it, the people who are building these kits know it, and the public should not have to be threatened by it.”
“Ghost guns pose a grave threat to communities across this country,” said Attorney General Letitia James. “We know that these untraceable and undetectable weapons can cause the same immense destruction and harm as traditional firearms, yet they are not subject to the same regulations. My office has successfully shut down companies that provide access to these weapons and taken action to regulate them, but far more is needed to protect our families and our children. I thank Senator Schumer for taking the stand that is desperately needed to protect New Yorkers and all Americans.”
Last summer, Nassau County law enforcement officials recovered 22 ghost guns, along with thousands of rounds of ammunition and narcotics and bomb-making equipment, in a crime bust on Long Island.
In February of last year, Schumer wrote to then-Attorney General William P. Barr and Acting Director Regina Lombardo urging the DOJ and the ATF to take action to stem the tide of unmarked, unregistered, and untraceable firearms that continue to proliferate the country. Schumer said “ghost guns” continue to pose a danger to public safety and have the potential to end up in the hands of convicted criminals, domestic abusers, minors, and other individuals that are otherwise prohibited from purchasing handguns under existing federal law.
Today, Schumer said Biden Administration officials, including Attorney General Garland, should do what the Trump administration failed to do and take prompt action to rectify this regulatory failure and protect Americans lives. Schumer requested that DOJ and ATF immediately take the following steps to address this eminent threat:
Amend the definition of “firearm frame or receiver” in 27 C.F.R. section 4 78.11 such that it applies to any part of a firearm which provides housing for the trigger group, including any such part (1) that is designed, intended, or marketed to be used in an assembled, operable firearm; or (2) that, without the expenditure of substantial time and effort, can be converted for use in an assembled, operable firearm.
Provide all available data on the frequency with which federal authorities are encountering these so-called ghost guns and efforts on the part of your respective agencies to collaborate with state and local law enforcement within 30 days. Should this information not be readily available, explain why and describe strategies on how to improve collaboration, monitoring, and data collection.
Schumer’s letter to AG Garland and ATF Acting Director Lombardo appears below:
Dear Attorney General Garland and Acting Director Lombardo:
In February of last year, I wrote to then-Attorney General William P. Barr and Acting Director Regina Lombardo urging the Department of Justice (“DOJ”) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) to take action to stem the tide of unmarked, unregistered, and untraceable firearms that continue to proliferate the country. Unfortunately, these so-called “ghost guns” continue to pose a danger to public safety. They have the potential to end up in the hands of convicted criminals, domestic abusers, minors, and other individuals that are otherwise prohibited from purchasing handguns under existing federal law. In light of this continued threat which has thus far gone unaddressed, DOJ and ATF must take prompt action to rectify this regulatory failure and protect Americans lives.
Under existing ATF policy, a frame – the main component of a firearm—and a receiver—the main component of a long gun – need not be registered by sellers if certain holes and cavities are not complete. As a result, these parts are widely available for purchase – through the mail, online, at a gun show, or in person – with no requirement that the individual receiving the parts and assembling the firearm either pass a background check or register the weapon with law enforcement. Alarmingly, many of these ghost gun kits are marketed for how simply and quickly they can be assembled into fully functional guns. Sadly, New Yorkers have felt the pain that weapons obtained through this dangerous loophole can inflict. This year, in Lysander, NY a young father and his son were shot using an untraceable ghost gun. The father died from his injuries. In Syracuse, NY a man shot his 6 year old nephew in the back also using a ghost gun. Without any serial numbers or identifying information, authorities were unable to determine the weapon’s history or its origin. While the number of ghost guns in the U.S. is unknown, authorities recovered approximately 10,000 of these weapons in 2019 alone. According to law enforcement officials in New York, 25 ghost guns were seized in Onondaga County over a 2 year period from 2018 to 2020 – after seizing no ghost guns in the years prior. Last summer, Nassau County law enforcement officials recovered 22 ghost guns, along with thousands of rounds of ammunition and narcotics and bomb-making equipment, in a single Farmingdale, NY residence. The types of ghost guns seized include semiautomatic handguns, semiautomatic rifles, and an illegally modified fully automatic rifles.
Your agencies can take action today to help stop these tragedies from taking place. Under the Gun Control Act (GCA) of 1968 (18 U.S.C. sec. 921 (3)) “firearm” is defined as (1) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (2) the frame or receiver of any such weapon; (3) any firearm muffler or firearm silencer; or (4) any destructive device. The statute’s explicit inclusion of objects that “may readily be converted to expel a projectile by the action of an explosive” makes clear that items that do not presently fire but can “readily be converted” to do so should be considered “firearms”. Indeed, in United States v. Hunter, a federal appeals court explained, “Congress did not consider operability as an essential statutory element” of the definition of “firearm.” Again, in United States v. Wick, a separate appellate court agreed by holding that “a plain reading of section 921 (a)(3) indicates that if the receiver of a weapon can be readily converted to expel a projectile, then that receiver can be considered a ‘firearm’ under the statute.” Amending the current regulatory framework to define frames and receivers as firearms, would require sellers to register the frames and receivers they sell and require purchasers to undergo a background check. This would help ensure that only law abiding citizens have access to potentially dangerous weapons and that law enforcement is able to track these weapons and keep our communities safe.
Despite the clear statutory definition, decades ago, ATF adopted the position that many frames and receivers should not be regulated as “firearms” under federal law. As you know, ATF holds that “items such as receiver blanks, ‘castings’ or ‘machined bodies’ in which the fire-control cavity area is completely solid and un-machined have not reached the ‘stage of manufacture’ which would result in the classification of a firearm under GCA.” Distributors market these core components as “80% complete,” frames and receivers machined just far enough short of completion to avoid regulation. It’s clear that this regulatory failure creates a loophole for gun traffickers and criminals to exploit. Given the dangerous shortcomings of the current regulatory position, I request that DOJ and ATF immediately take the following steps to address this eminent threat:
Amend the definition of “firearm frame or receiver” in 27 C.F.R. section 4 78.11 such that it applies to any part of a firearm which provides housing for the trigger group, including any such part (1) that is designed, intended, or marketed to be used in an assembled, operable firearm; or (2) that, without the expenditure of substantial time and effort, can be converted for use in an assembled, operable firearm.
Provide all available data on the frequency with which federal authorities are encountering these so-called ghost guns and efforts on the part of your respective agencies to collaborate with state and local law enforcement within 30 days. Should this information not be readily available, explain why and describe strategies on how to improve collaboration, monitoring, and data collection.
Thank you for your attention to this important matter.
I can’t imagine the horror and anguish of a parent losing their child to a gun.