Letter to the Hon. William Barr, Attorney General of the U.S. Department of Justice, and the Hon. Regina Lombardo, Acting Dir. of the Bureau of Alcohol, Tobacco, Firearms, and Explosives - Schumer reveals: Onondaga law enforcement is seeing frightening rise of "ghost guns' used in crimes; senator calls on Feds to use law already on books to close the loophole that triggers unregistered ghost guns & work with locals to map extent of ghost gun parts in CNY

Letter

Dear Attorney General Barr and Acting Director Regina Lombardo:

I write to direct your immediate attention to a disturbing phenomenon of unmarked, unregistered and therefore untraceable firearms proliferating throughout the country. These so-called "ghost guns" pose a danger to public safety as they have the potential to end up in the hands of convicted criminals, domestic abusers, minors, and other individuals otherwise prohibited from purchasing handguns under existing federal law. The Department of Justice (DOJ) and the Bureau of Alcohol, Tobacco, and Firearms (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 weapons obtained through this dangerous loophole can inflict. Early this year, in Syracuse, NY a man shot his 6 year old nephew in the back using an untraceable ghost gun. Without any serial numbers or identifying information, authorities have been unable to determine the weapon's history or its origin. According to law enforcement officials, 25 ghost guns were seized in Onondaga County alone over the past two years -- after seizing no ghost guns in the years prior -- with approximately 20 pending ghost gun cases being prosecuted. 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, ATF decades ago 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:

1. Amend the definition of "firearm frame or receiver" in 27 C.F.R. section 478.11 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.
2. 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.

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