Please ensure Javascript is enabled for purposes of website accessibility
California Sues US Regulator in Bid to Deter 'Ghost Guns'
gvw_ap_news
By Associated Press
Published 5 years ago on
September 29, 2020

Share

SACRAMENTO — Backed by the fathers of two slain children, California’s attorney general sued the Trump administration on Tuesday in an effort to crack down on so-called “ghost guns” that can be built from parts with little ability to track or regulate the owners.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives doesn’t consider that the unfinished do-it-yourself kits qualify as firearms. So buyers don’t have to undergo the usual gun purchase background checks and in most states the guns are not required to have serial numbers.

California Attorney General Xavier Becerra’s lawsuit asks a federal judge in San Francisco to order the federal agency to change its policy — arguing that it violates the common definition of a firearm under federal law and that the agency’s decision in 2006 to stop considering the parts as firearms was arbitrary and capricious.

Agency spokeswoman April Langwell said the ATF does not comment on pending litigation.

The lawsuit was called frivolous and “another outrageous example of Attorney General Becerra attacking law-abiding gun owners” by Brandon Combs, president of the Sacramento, California-based Firearms Policy Coalition that promotes gun-owners’ rights.

Lawsuit plaintiff Bryan Muehlberger said he had never heard of ghost guns until November, when his 15-year-old daughter, Gracie Anne Muehlberger, was one of two students killed with one at Saugus High School in the Southern California city of Santa Clarita.

Student Nathaniel Berhow, 16, also wounded three other people before killing himself. Frank Blackwell, the father of 14-year-old Dominic Blackwell, the second slain student, also is a plaintiff in the lawsuit.

It’s a Growing Problem, According to the Lawsuit

“Anyone, and I mean anyone, can buy these totally unregulated kits with just an internet connection and a credit card, and that’s how my daughter’s killer got his murder weapon,” Muehlberger said.

As a test earlier this year, he used his slain, underage daughter’s name and his own credit card to order a ghost gun kit in about two minutes from an online dealer.

Becerra said ghost guns were similarly used in mass shootings that each killed five people in Santa Monica in 2013 and Tehama County in 2017. Another was used by Steven Carrillo, an Air Force sergeant charged with killing a federal security officer outside an Oakland courthouse and ambushing a sheriff’s deputy in late May and early June.

It’s a growing problem, according to the lawsuit.

Ghost gun seizures by the state Department of Justice jumped 512% between 2018 and 2019. The number of such weapons recovered in Los Angeles increased 144% from 2015 to 2019.

None were recovered in San Francisco in 2015, but recoveries soared 1517% from 2016 to 2019. Law enforcement agencies reported a 940% jump in San Diego and a 51% increase in San Jose from 2017 to 2018, the suit says, without providing actual numbers of weapons seized.

They now make up 30% of guns recovered in California, said Hannah Shearer, litigation director at the Giffords Law Center that also is a party in the lawsuit.

California is now home to 18 of the 80 known online ghost gun retailers, double the number from six years ago and the most of any state, according to the lawsuit.

“The only logical intended result of a ghost gun kit is that it will become a firearm,” Becerra said. “They are fast becoming the weapons of choice for illegal gun traffickers, for organized criminal gangs, and unfortunately for mass murderers as well.”

California Requires the Owners of Home-Made Weapons to Apply to Becerra’s DOJ for Serial Numbers

At issue are so-called “80 percent receivers and frames” that Becerra said can be sold by unlicensed dealers and made into untraceable firearms at home.

ATF policy holds that the kits have not yet been reached the stage where they can be considered firearms subject to the usual federal firearms statutes and regulations that include a ban on sales to minors or those who have criminal convictions, a history of domestic violence, serious mental illness or drug addiction.

Combs, of the firearms organization, said the agency’s policy “is both legally sound and common sense. Under Becerra’s utterly absurd interpretation of law, flat pieces of metal at Home Depot would be treated as firearms and chunks of aluminum would be so-called ‘ghost guns’.”

The Everytown for Gun Safety group and a coalition of cities filed a similar lawsuit last month in federal court in New York.

If the federal government changes its interpretation now, “All that does is turn a bunch of people into accidental criminals,” said Chuck Michel, an attorney representing the California Rifle and Pistol Association, which lobbies for gun owners’ rights.

California requires the owners of such home-made weapons to apply to Becerra’s Department of Justice for serial numbers. Most states do not have that requirement.

““If you can assemble Ikea furniture, you can definitely build a ghost gun,” said Shearer of the Giffords Law Center. “This has opened the biggest loophole you can imagine in our federal and state gun laws.”

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Republicans’ Trust in Media Increases Following Trump’s Return to White House

DON'T MISS

Jeanine Pirro to Be Interim US Attorney for DC, Trump Says

DON'T MISS

Fresno Police Catch Fleeing Gang Member Who Tossed Gun Over Fence

DON'T MISS

Suit Challenges New Rules on Children in Federal Custody Who Crossed Into US

DON'T MISS

Fresno Mayor Dyer Bullish on Growth, Calls on Newsom for $200 Million

DON'T MISS

Rejoicing Peruvians See Pope Leo XIV as One of Their Own After His Many Years in Peru

DON'T MISS

FEMA’s Acting Administrator Is Replaced a Day After Congressional Testimony

DON'T MISS

North Korea’s Kim Jong Un Leads Missile Test, Stresses Nuclear Force Readiness, KCNA Says

DON'T MISS

Shohei Ohtani Could Have Landed 15-Year Deal, Agent Says, but He Didn’t Want to Risk Skills Decline

DON'T MISS

White House Overhaul of Troubled US Air Traffic Control System Will Cost ‘Lots of Billions’

UP NEXT

Rejoicing Peruvians See Pope Leo XIV as One of Their Own After His Many Years in Peru

UP NEXT

Shohei Ohtani Could Have Landed 15-Year Deal, Agent Says, but He Didn’t Want to Risk Skills Decline

UP NEXT

Los Angeles Coliseum and SoFi Stadium to Share Opening and Closing Ceremonies for 2028 Olympics

UP NEXT

Joe Biden Blames Kamala Harris’ Loss on Sexism and Racism and Rejects Concerns About His Age

UP NEXT

Before Tariff Price Increases, Mark Cuban Suggests Stocking Up on These Items

UP NEXT

He Was Killed in a Road Rage Shooting. AI Allowed Him to Deliver His Own Victim Impact Statement

UP NEXT

More Older Americans Worry Social Security Won’t Be There for Them

UP NEXT

Head Start Gets a Reprieve From Trump Budget Cuts, but the Fight Isn’t Over

UP NEXT

Sen. John Fetterman Raises Alarms With Outburst at Meeting With Union Officials

UP NEXT

Special Report: At Social Security, These Are the Days of the Living Dead

Suit Challenges New Rules on Children in Federal Custody Who Crossed Into US

4 hours ago

Fresno Mayor Dyer Bullish on Growth, Calls on Newsom for $200 Million

4 hours ago

Rejoicing Peruvians See Pope Leo XIV as One of Their Own After His Many Years in Peru

4 hours ago

FEMA’s Acting Administrator Is Replaced a Day After Congressional Testimony

4 hours ago

North Korea’s Kim Jong Un Leads Missile Test, Stresses Nuclear Force Readiness, KCNA Says

4 hours ago

Shohei Ohtani Could Have Landed 15-Year Deal, Agent Says, but He Didn’t Want to Risk Skills Decline

4 hours ago

White House Overhaul of Troubled US Air Traffic Control System Will Cost ‘Lots of Billions’

4 hours ago

US Military to Start Kicking out Transgender Troops Next Month, Memo Says

4 hours ago

Los Angeles Coliseum and SoFi Stadium to Share Opening and Closing Ceremonies for 2028 Olympics

5 hours ago

Jennifer Aniston’s Alleged Stalker Appears in Court Shirtless and a Judge Orders a Mental Evaluation

5 hours ago

Republicans’ Trust in Media Increases Following Trump’s Return to White House

Americans’ trust in news organizations and social media has increased since last year, with Republicans driving this shift following T...

3 hours ago

https://www.communitymedical.org/thecause?utm_source=Misfit+Digital&utm_medium=GVWire+Banner+Ads&utm_campaign=Branding+2025&utm_content=thecause
3 hours ago

Republicans’ Trust in Media Increases Following Trump’s Return to White House

Fox News Channel host Jeanine Pirro and other members of the news media work outside the Manhattan Criminal Court building during the 2nd day of jury deliberations in former U.S. President Donald Trump’s criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in New York City, U.S. May 30, 2024. REUTERS/Mike Segar
3 hours ago

Jeanine Pirro to Be Interim US Attorney for DC, Trump Says

Fresno police arrested a known gang member who ran from officers and tossed a gun over a fence in southeast Fresno. (Fresno PD)
3 hours ago

Fresno Police Catch Fleeing Gang Member Who Tossed Gun Over Fence

4 hours ago

Suit Challenges New Rules on Children in Federal Custody Who Crossed Into US

4 hours ago

Fresno Mayor Dyer Bullish on Growth, Calls on Newsom for $200 Million

4 hours ago

Rejoicing Peruvians See Pope Leo XIV as One of Their Own After His Many Years in Peru

4 hours ago

FEMA’s Acting Administrator Is Replaced a Day After Congressional Testimony

A handout photo shows missiles being launched, in North Korea, May 8, 2025. KCNA via REUTERS
4 hours ago

North Korea’s Kim Jong Un Leads Missile Test, Stresses Nuclear Force Readiness, KCNA Says

Help continue the work that gets you the news that matters most.

Search

Send this to a friend