Congressman Goldman Requests Update to Guidance on Popular 'Gun Buy-Back' Programs to Ensure Destruction of Firearms

Gun Buy-Back Programs Aim to Remove Thousands of Firearms from Circulation

Companies Contracted by Local Municipalities Oftentimes Only Destroy the Firearms’ Serial Number, Resell Remaining Parts as ‘Do-It-Yourself' Ghost Gun Kits

Read the Letter Here

Washington, DC – Congressman Dan Goldman (NY-10) and Congressman Gabe Amo (RI-01) sent a letter to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Director Steve Dettelbach urging him to update ATF guidance on gun buy-back programs to recommend the complete destruction of firearms. This update would prevent private companies partnering with the municipalities that manage gun buy-back programs from only destroying serialized gun parts.

The remaining parts are often resold as part of “do-it-yourself" ghost gun kits. Ghost guns are unserialized and untraceable firearms that can be bought online and easily assembled at home without having to pass a background check.

“Respectfully, we request that the Bureau swiftly update its guidance to ensure that the destruction of firearms is not limited to the destruction of serialized firearm parts. We also request that the Bureau prioritize collaborating with local governments and law enforcement agencies that oversee gun buyback programs to ensure that their gun buyback programs do not unintentionally result in the proliferation of firearms,” the lawmakers wrote.

When individuals surrender firearms to their local law enforcement, the expectation is that these guns are destroyed. Instead, recent media reports revealed these companies – in accordance with current ATF firearm destruction guidance – are actually only removing and destroying the parts that hold serial numbers and selling the weapon’s remaining parts, fueling a secondary market of ghost guns nationwide. This practice subverts the mission of these programs – getting guns off the streets.

The use of ghost guns across the country has increased significantly in recent years. According to the ATF, the number of ghost guns recovered and traced by law enforcement went from 1,629 in 2016 to 19,273 in 2021 – a more than 1,000 percent increase.

Congressman Dan Goldman is committed to fighting the proliferation of ghost guns in America.

In August of 2023, Goldman cosponsored the ‘Ghost Guns and Untraceable Firearms Act’ to effectively ban the sale of ghost guns by permanently defining the core building blocks of ghost guns – unfinished frames and receivers – as firearms, requiring manufacturers and distributors to obtain licensing, put serial numbers on unassembled gun parts, and require purchasers to undergo the same background checks as those buying preassembled weapons.

In January, the Congressman cosponsored the ‘Bolstering Security Against Ghost Guns Act’ to enhance the United States Department of Homeland Security’s (DHS) response to the threat posed by ghost guns.

Congressman Goldman is Vice Chair of the House Gun Violence Prevention Task Force and is Chair of the Dads Caucus Gun Violence Prevention Working Group.

Read the letter here or below:

Dear Director Dettelbach,

We write urging the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) to update its guidance on the destruction of firearms in order to mitigate the proliferation of firearms that are presumed destroyed from resurfacing in our communities.

As you are aware, recent media reports have revealed that dozens of cities across the United States have partnered with private companies that offer complimentary firearm destruction services to local law enforcement agencies. These companies are contracted to perform the destruction of firearms that were used in crimes, replaced due to police department equipment upgrades, or forfeited in buyback programs. However, while the intent of these programs is to reduce the circulation of guns in our communities, many companies are only destroying certain serialized pieces and reselling the remaining firearm parts as kits or as individual pieces, which is fueling a secondary firearms market. Civilians can purchase the remaining parts online to assemble untraceable “do-it-yourself" homemade weapons otherwise known as “ghost” guns. Despite this “recycling” of firearms back into our communities, our understanding is that these companies and their operations are consistent with current ATF guidance.

We are concerned that current ATF guidance on the destruction of firearms does not account for this regulatory gap. Respectfully, we request that the Bureau swiftly update its guidance to ensure that the destruction of firearms is not limited to the destruction of serialized firearm parts. We also request that the Bureau prioritize collaborating with local governments and law enforcement agencies that oversee gun buyback programs to ensure that their gun buyback programs do not unintentionally result in the proliferation of firearms.

We look forward to receiving an update from you on this critical issue.

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