Texas Gun Kit Maker Filed Federal Lawsuit To Stop the Rule, Which Requires Manufacturers to Be Licensed, Do Background Checks and Put Serial Numbers on Parts; Is to Take Effect in August


             Prosecutors Against Gun Violence has joined with 16 American cities and three Texas District Attorneys to file a “Friend of the Court” brief to oppose a Texas gun kit manufacturer’s filing of a preliminary injunction to enjoin the Bureau of Alcohol, Tobacco, Firearms and Explosives from regulating “ghost guns.”

            Division 80, a Houston-area gun parts manufacturer, filed suit in May in the Southern District of Texas, weeks after the new rule on ghost gun regulation was announced, to challenge the ATF rule from taking effect, saying the policy violates the Second Amendment.

            The government’s opposition brief was filed on July 1, 2022. On July 8, 2022, PAGV and the cities of Baltimore, Boston, Chicago, Columbus, Dayton, Hartford, Los Angeles, New York, Newark, NJ, Oakland, CA, Philadelphia, Providence, Rochester, NY, San Francisco, Seattle, and Syracuse, as well as District Attorneys of Dallas, Bexar, and Travis counties, filed an Amicus Curiae brief supporting the government’s position.

             PAGV Co-Chairs Darcel D. Clark, Bronx County District Attorney, and Joyce Dudley, Santa Barbara County District Attorney, said, “The ATF rule was a significant step to stem the tide of these firearms made from components purchased online and built at home. Last year they played a major role in exacerbating the gun violence in cities across America. With this rule, these weapons would no longer be easily acquired or untraceable, reducing the specter of gun violence that is devastating our communities.


 “We thank Perkins Coie LLP for composing and submitting the brief on our behalf.”


            The PAGV brief states that the prosecutors group and the cities are deeply concerned with the proliferation of untraceable ghost guns and believe that the ATF rule regulating these firearms (“87 FR 24652” or the “Final Rule”) is urgently needed to protect public safety.  It documents numerous incidents of fatal shootings involving ghost guns.

             The brief states, “There can be no doubt that ghost gun kits have enabled countless individuals in cities across the country to flout some of the most fundamental gun regulations, including the laws prohibiting convicted felons and domestic abusers from possessing firearms; have led to a substantial increase in guns and gun violence in cities across the country; and have undermined the efforts of law enforcement and prosecutors across the country to deter and prosecute gun violence…For the foregoing reasons, (PAGV and the cities) urge the Court to uphold the constitutionality of 87 FR 24652.”           


Prosecutors Against Gun Violence is a non-partisan coalition of prosecutors serving over 60 million Americans in 24 states across the country. Since 2014, we have been at the forefront of the fight against gun violence.



Prosecutors Against Gun Violence 

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