New Biden administration rules that put homemade gun kits used to build ‘ghost guns’ in the same legal category as traditional firearms went into effect Wednesday, after federal judges denied requests for suspension of the change.
Regulations require that the major components used to make ghost guns — frames and receivers — be given serial numbers. They also require buyers to undergo background checks before purchasing the components, and that dealers be federally licensed to sell the kits and keep sales records.
The rules, announced by the White House in April, went into effect despite plaintiffs’ requests for an injunction to stop the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing them.
On Tuesday, U.S. Chief District Judge Peter Welte in North Dakota denied a request for a preliminary or permanent injunction in a lawsuit brought by a coalition of Republican attorneys general, groups of firearms and a gun shop owner. The judge determined that the Biden Rule “was and remains constitutional under the Second Amendment.”
In a federal lawsuit filed in Texas, the judge ruled that the Division 80 vendor’s prediction that the rule would “destroy” its entire business was not enough to grant the company’s request to block the sale. rule with a national injunction.
The National Rifle Association, the nation’s largest gun rights group, criticized the regulations.
In recent years, sales of ghost weapon kits have raised concern at all levels of law enforcement. From the Justice Department to city police departments, authorities struggled to curb the proliferation of phantom guns, which were increasingly being recovered from crime scenes across the country. According to the White House, about 20,000 suspected ghost gun recoveries were reported to the ATF last year alone.
“These weapons were often sold as construction kits containing all or nearly all of the parts needed to quickly build an unmarked weapon. And anyone can sell or buy these guns without a background check,” Attorney General Merrick B. Garland said in a statement Wednesday.
“That changes today. This rule will make it more difficult for criminals and other prohibited persons to obtain untraceable firearms,” he added. “This will help ensure that law enforcement officers can retrieve the information they need to solve crimes. And it will help reduce the number of untraceable firearms flooding our communities.”
In recent weeks, ghost weapon retailers have been racing to unload their inventory ahead of the deadline, with some online dealers selling out completely.
In addition to the new federal rule, several states and territories already restrict or ban ghost weapons, including California, Connecticut, Hawaii, New Jersey, New York, Rhode Island, Washington, and the District of Columbia.