Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: John D. Nibbelin, County Attorney
Subject: Amicus curiae brief in U.S. Supreme Court case re: ghost gun regulation
RECOMMENDATION:
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Recommendation to authorize and direct County Attorney to file, on behalf of the County of San Mateo, an Amicus Curiae brief in the United States Supreme Court in the matter of Garland v. VanDerStock, a case involving the regulation of ghost guns.
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BACKGROUND:
A lawsuit currently pending before the U.S. Supreme Court, VanDerStok v. Garland ("VanDerStock"), challenges rules adopted by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") to regulate untraceable "ghost guns."
A coalition of cities and counties plans to file an "amicus curiae" brief in in the VanDerStock case. Amicus curiae is Latin for "friend of the court." Amicus briefs are filed by persons who are not a party to the case but seek to provide the court with their opinion, position, and/or information regarding the outcome of the case. In the instant brief, the amici will urge the Supreme Court to find in favor of the ATF, due to the significant public safety threat posed by ghost guns.
San Mateo County has been asked to sign onto the amicus brief, and we have also been asked to provide information in support of the brief, including data regarding ghost guns recovered by law enforcement, ghost gun possession, trafficking, arrests, etc. from 2019 to present. The County Attorney's Office is working with the Sheriff's Office to provide the requested data.
DISCUSSION:
Ghost guns are untraceable firearms. They are sold as a kit or in separate pieces and have no serial number. Ghost gun components, or "precursor parts," can be purchased online, without a background check, and can be assembled into a fully functional firearm. This makes ghost guns particularly attractive to those who are prohibited from legally buying...
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