Politician · policy

Merrick Garland on Gun Control

Strong advocate for regulation (strong)

TL;DR

Merrick Garland strongly advocates for federal regulatory action to curb illegal gun access, particularly ghost guns, through ATF rulemaking.

Key Points

  • Merrick Garland directed the ATF to propose a rule within 30 days to regulate 'ghost gun' kits as firearms in March 2021.

  • He announced efforts to clarify that stabilizing braces on pistols should subject the modified firearm to National Firearms Act requirements, which include a tax and registration.

  • The Justice Department committed to publishing model legislation for states to implement 'Red Flag Laws' (extreme risk protection orders) within 60 days.

Summary

As United States Attorney General, Merrick Garland has taken visible action to advance gun control measures, primarily through the Department of Justice's (DOJ) regulatory authority. His core position centers on utilizing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to close perceived loopholes in the Gun Control Act of 1968, most notably regarding unserialized 'ghost guns.' He directed the ATF to issue a proposed rule within 30 days to ensure that unfinished frames and receivers, often sold in kits, are treated as firearms, requiring serial numbers and background checks for purchase [cite: 1.6].

Garland's actions have been framed as necessary responses to the current gun violence epidemic, often contrasting his enforcement stance with legislative inaction in Congress. Beyond ghost guns, he announced efforts to regulate pistols modified with stabilizing braces, intending to classify them as short-barreled rifles subject to registration, and pledged to publish model legislation for states to adopt extreme risk protection orders, or 'Red Flag Laws' [cite: 1.6]. Furthermore, he has launched gun trafficking strike forces in multiple cities and directed an updated study of criminal gun trafficking to account for modern manufacturing methods [cite: 1.8]. This regulatory approach has drawn criticism from some lawmakers who argue the DOJ is overstepping its authority to enact partisan gun control measures [cite: 1.10].

Frequently Asked Questions

Merrick Garland is a strong proponent of increased federal regulation to curb gun violence. As Attorney General, he has used the DOJ's authority to pursue rulemaking, such as classifying 'ghost guns' as firearms subject to existing federal law. He views these regulatory actions as essential to keeping firearms out of the hands of prohibited individuals.

The Attorney General has made closing the 'ghost gun' loophole a high priority for the Department of Justice. He directed the ATF to initiate rulemaking to ensure that unfinished frames and receivers are treated as firearms. This action aims to subject these components to serial number requirements and mandatory background checks for purchasers.

Yes, Merrick Garland has publicly supported legislative action, including the passage of universal background check legislation and the reauthorization of the Violence Against Women Act to close loopholes. He also announced that the DOJ would publish model legislation to encourage states to adopt their own 'Red Flag Laws.'

Sources9

* This is not an exhaustive list of sources.