Attorney General James Takes Action to Support Federal Regulations on Gun Trafficking

September 25, 2024

NEW YORK - New York Attorney General Letitia James and Massachusetts Attorney General Andrea Campbell today co-led a multistate coalition of 22 attorneys general in support of the Bureau of Alcohol, Tobacco, Firearms, and Explosives' (ATF) rule that helps prevent illegal gun trafficking by requiring private gun sellers to obtain a license and perform background checks on potential buyers. Attorney General James and the coalition filed an amicus brief in Texas v. ATF arguing that the ATF's rule is necessary to protect public safety and prevent domestic abusers and other dangerous individuals from illegally obtaining guns.

"Gun violence causes so much pain and suffering throughout the country, and we know that gun safety laws are an important tool to help tackle this crisis," said Attorney General James. "For too long, gun traffickers and criminals got away with buying weapons from private sellers to avoid restrictions that would prevent them from buying a gun. The commonsense rule advanced by ATF will address this problem and help prevent illegal gun trafficking to keep our communities safer by placing more regulations on private sellers. I am proud to co-lead this effort with my fellow attorneys general and we will continue fighting to stop gun violence."

After the mass shooting at the Tops Supermarket in Buffalo, NY and the school shooting in Uvalde, Texas, Congress enacted the Bipartisan Safer Communities Act (BSCA), which closed certain loopholes that allowed gun traffickers and criminals to obtain guns without undergoing background checks. In particular, the law expanded the definition of gun sellers to include additional private sellers, making them subject to federal licensing and background check requirements.

The coalition argues that unlicensed gun sales by private sellers make it easier for people who cannot legally purchase firearms to obtain them, endangering communities and fueling gun violence. From a mass shooting at a bar in St. Paul, Minnesota that left one dead and 14 people injured, to the murder of a Chicago Police officer, to a mass shooting at a block party in Brooklyn that left eight people injured, trafficked guns have been used to carry out catastrophic violence in American communities. The ATF's rule is intended to make it more difficult for dangerous individuals to illegally obtain guns. Attorney General James and the coalition argue that the ATF's rule will curb gun trafficking and protect public safety.

Joining Attorney General James in filing this amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, and the District of Columbia.

Attorney General James has been a leader in the fight to protect New Yorkers and communities throughout the nation from gun violence. In September 2024, Attorney General James sent a letter urging Congress to take action to stop gun trafficking in Caribbean countries. In August 2024, Attorney General James led a coalition of 22 attorneys general in support of commonsense state and federal laws that regulate the sale of guns to keep communities safe. In April 2024, Attorney General James took down gun traffickers for selling ghost guns and other firearms in Central New York. In March 2024, Attorney General James secured a $7.8 million judgment against gun retailer Indie Guns for illegally selling ghost gun components in New York. In February 2024, Attorney General James announced the takedowns of a gun trafficking network that sold ghost guns and assault-style rifles and a narcotics trafficking network in Dutchess County. In December 2023, Attorney General James led a multistate coalition in support of the ATF's rule at issue in this lawsuit.