New rule brings oversight of ghost gun parts up to speed with current California law

OAKLAND — California Attorney General Rob Bonta issued the following statement in response to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) announcement of a new rule clarifying the agency’s definition of what qualifies as a firearm and improving its efforts to address the proliferation of ghost guns:

“Do-it-yourself ghost gun kits allow anyone with a credit card and an internet connection to purchase and build a fully operable, untraceable weapon,” said Attorney General Bonta. “Without effective oversight, the availability of ghost guns, unfinished frames, and receivers allows dangerous individuals to access firearms under the radar of law enforcement. They are a clear and present danger to public safety. Here in California, we have been at the forefront of the fight against ghost guns and we are pleased to see this new rule, which will bring federal law up to speed. Together, we can better monitor ghost guns and increase public safety in California and across our nation.”

ATF’s new rule reverses a prior determination that so-called “80 percent” frames and receivers, which are commonly used to assemble untraceable ghost guns, are not firearms under the Gun Control Act (GCA). In 2019, the California Department of Justice and Giffords Law Center to Prevent Gun Violence led a coalition in filing a lawsuit demanding the ATF change its interpretation of the GCA and classify these frames and receivers as firearms subject to federal firearm statutes and regulations. In August 2021, after the Biden Administration issued its proposed rule to reverse the prior determination, Attorney General Bonta filed a comment letter applauding the decision. 

Attorney General Bonta is committed to upholding California’s commonsense gun safety laws and holding gun manufacturers who violate the law accountable. In October 2021, Attorney General Bonta announced a lawsuit against ghost gun kit manufacturer and retailers Blackhawk Manufacturing Group, Inc. (Blackhawk); MDX Corporation (MDX), and GS Performance, LLC (Glockstore) for using false and deceptive advertising practices by leading buyers to believe that frames and receivers purchased in their gun kits are legal, without explaining the legal obligations they will face under the Assembly of Firearms Law if they assemble the firearm. In February 2022, Attorney General Bonta sent a cease-and-desist letter to Juggernaut Tactical warning the company that its “Featureless Series” of rifles qualify as assault weapons, and are therefore unlawful to possess, manufacture, distribute, transport, import, keep for sale, offer for sale, or display for sale under California law.

California Department of Justice Bureau of Firearms’ (BOF) Special Agents and staff work every day to improve public safety by taking actions to prevent gun violence. In January, BOF Special Agents worked with local and federal law enforcement to engage in a three-day sweep to remove firearms from those prohibited from owning them in the counties of Contra Costa, Santa Clara, San Francisco, San Mateo, Sonoma, and Solano. In February, agents conducted another successful sweep with local law enforcement partners in Los Angeles County. On March 28, Attorney General Bonta announced charges against a San Bernardino man observed by undercover BOF Special Agents purchasing a ghost gun kit at a gun show and later found in possession of illegal firearms and ammunition, despite being previously convicted of a violent felony and banned from owning firearms.

BOF serves the people of California through education, regulation, and enforcement actions regarding the manufacture, sale, ownership, safety training, and transfer of firearms and ammunition. BOF staff are leaders in providing firearms expertise and information to law enforcement, legislators, and the general public in a comprehensive program to promote legitimate and responsible firearms possession and use by California residents. BOF is looking to hire additional Special Agents and more information on assessments for relevant job openings can be found on DOJ's website here: oag.ca.gov/careers/exams. 

This morning, Attorney General Bonta participated in a press call with Giffords Law Center to discuss the rule. His remarks and an audio recording can be accessed here.