Tag: ghost guns

Supreme Court Allows Biden Admin to Continue Enforcing Ghost Gun Regulations

On Monday, the Supreme Court vacated an order from a lower court, allowing the Biden administration’s new regulations on ghost guns to take effect.

A Texas-based judge ruled against President Joe Biden’s new rules on ghost guns, firearms without serial numbers. However, a request to vacate the order was filed to Justice Samuel Alito and referred to the full court, which ruled in favor of vacating the order.

Alito issued an order on October 6, giving ghost gun manufacturers Blackhawk Manufacturing Group and Defense Distributed until Wednesday to provide a better reason as to why they should not have their firearms regulated the same way as other gun manufacturers.

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Supreme Court reinstates regulation of ghost guns, firearms without serial numbers

The Supreme Court is reinstating a regulation aimed at reining in the proliferation of ghost guns, firearms without serial numbers that have been turning up at crime scenes across the nation in increasing numbers.

The court on Tuesday voted 5-4 to put on hold a ruling from a federal judge in Texas that invalidated the Biden administration’s regulation of ghost gun kits. The regulation will be in effect while the administration appeals the ruling to the 5th U.S. Circuit Court of Appeals in New Orleans — and potentially the Supreme Court.

Chief Justice John Roberts and Justice Amy Coney Barrett joined with the court’s three liberal members to form the majority. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas would have kept the regulation on hold during the appeals process. Neither side provided an explanation.

The Justice Department had told the court that local law enforcement agencies seized more than 19,000 ghost guns at crime scenes in 2021, a more than tenfold increase in just five years.

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Federal Court Delivers Blow to ATF’s Ban on ‘Ghost Guns’

A federal judge delivered a blow to the Biden administration’s gun control policy by reversing a federal ban on so-called “ghost guns” and argued that the ATF overstepped its authority.

Texas-based United States District Court Judge Reed O’Connor on Friday ruled that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) erred by saying that unfinished gun parts are guns and can, therefore, be regulated. His ruling said that parts aren’t guns under federal law.

“This case presents the question of whether the federal government may lawfully regulate partially manufactured firearm components, related firearm products, and other tools and materials in keeping with the Gun Control Act of 1968,” wrote O’Connor in his order (pdf). “Because the court concludes that the government cannot regulate those items without violating federal law, the court holds that the government’s recently enacted final rule … is unlawful agency action taken in excess of the ATF’s statutory jurisdiction. On this basis, the court vacates the final rule.”

His order also stated that the ATF is trying to regulate a gun component as a “frame or receiver,” even after the agency determined “the component in question is not a frame or receiver.” Elaborating, he wrote: “It may not. Logic dictates that a part cannot be both not yet a receiver and receiver at the same time. Defendants’ reliance on that logical contradiction is fatal to their argument.”

Pro-firearms groups and websites cheered the ruling, saying that it was an attempt to claw back what they described as attempts by the Biden administration to grab guns via federal rulemaking. The case was brought by the Firearms Policy Coalition, a pro-Second Amendment group.

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Biden Admin Expands Crackdown On Ghost Guns

The Biden administration has dialed up its crackdown on so-called “ghost guns” by issuing guidance that basically expands the definition of what “readily converted” means in a new federal rule and making more do-it-yourself pistol parts subject to restrictions.

In an open letter to firearms dealers (pdf) dated Dec. 27, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) told firearm vendors that nearly-complete handgun frames or receivers—basically the pistol grip and firing mechanism—will be treated the same as fully completed firearms.

Ghost Gun Rule

Firearm vendors who sell near-complete pistol frames and receivers—often as kits that can be relatively easily turned into untraceable homemade guns—were hit with the new rule in August, which required that frames and receivers that could be “readily converted” into fully operational guns are subject to the same regulations as traditional firearms.

The August regulation, dubbed the Ghost Gun Rule, meant that kits containing partially complete frames or receivers plus assembly tools and instructions were subject to licensing, background check, and serialization requirements.

But ambiguity around the definition of the word “readily” in the regulation meant that some vendors continued to sell nearly complete unserialized frames and receivers as standalone products while additional components needed to finalize their at-home manufacture were offered separately, or by third parties.

Such was the argument made in an October letter (pdf) by a dozen or so Democrat lawmakers to the ATF and Justice Department, which claimed that a number of ghost-gun companies were continuing to sell unserialized frames and receivers by interpreting “readily” in a way that amounted to a loophole.

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Biden Bypasses Congress, Issues New Gun Control Dictate With Complete Disregard for 2nd Amendment

On Monday, the White House announced a new crack down on American’s Second Amendment rights — entirely bypassing Congress — and ruling by executive decree instead. The new rule attacks individuals who build their own firearms at home.

In response to Biden’s new dictate, Congressman Thomas Massie of Kentucky lambasted the president’s decision to bypass Congress and attack one of the key components of the Second Amendment.

The Constitution does not authorize the federal government to prevent you from making your own firearm. This a fact that has been recognized for 200+ years. Also, Article 1, Section 1 (literally the first operative sentence in the Constitution) says Congress makes law, not POTUS!

According to the new dictate, “this final rule bans the business of manufacturing the most accessible ghost guns, such as unserialized “buy build shoot” kits that individuals can buy online or at a store without a background check and can readily assemble into a working firearm in as little as 30 minutes with equipment they have at home.”

The rule also dictates that gun stores can no longer destroy their records after 20 years. These stores must turn over lists to the ATF of every gun purchased at their store so the ATF can maintain a running database of American gun owners.

Second, the final rule requires federally licensed firearms dealers to retain key records until they shut down their business or licensed activity. At that time, these dealers must transfer the records to ATF, just as they are currently required to do at the end of licensed activity. Previously, these dealers were permitted to destroy most records after 20 years, making it harder for law enforcement to trace firearms found at crime scenes.

It is unclear how this administration will treat the millions of gun owners who currently have these custom firearms in their homes. It is indeed likely that this dictate could turn millions of gun owners into felons overnight as there is no way to prove when a custom build was purchased which means their previously legal guns could now be deemed illegal.

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Biden to Nominate ATF Director, Announce Order on ‘Ghost Guns’

President Joe Biden is set to make another nomination for director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and announce new executive actions restricting “ghost guns.”

The president is tapping former U.S. Attorney Steve Dettelbach to head the ATF. Biden’s previous nomination, David Chipman, was pulled back in September as Chipman found opposition from Senate Republicans and some Democrats.

Chipman’s history of gun control advocacy had him squaring off against gun rights groups.

Dettelbach was confirmed for his position as U.S. Attorney for the Northern District of Ohio in 2009. He also spent two decades as a prosecutor for the Department of Justice (DOJ), according to a White House “fact sheet.”

Dettelbach also ran an unsuccessful campaign for Ohio Attorney General during which he advocated for an assault weapons ban, according to the Ohio public radio station WOSU.

The top spot at the ATF has been mostly vacant since it became a Senate-confirmed position in 2006. The only person to serve as permanent ATF director since that time was Byron Todd Jones who filled the role from 2013 to 2015.

Biden is also set to announce Monday a final rule on ghost guns—unregistered firearms often built using a 3D printer.

Biden’s rule will require kits that can be used to build a gun to be registered as such. It also includes an effort to serialize ghost guns already in circulation. Additionally, Biden’s order will update serialization and background check laws for guns with split receivers and require firearms dealers to retain records for as long as their business is open.

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Despite Government and Mainstream Media Demonization the 3D-Printed Gun Business is Booming

Since before he was elected, president Joe Biden has promised more gun control, and he is doing everything in his power to keep this one promise — up to and including executive action — specifically targeting 3D printing of guns. Or, as Biden refers to them, Ghost Guns.

The term “ghost gun” is meant to incite fear and is used by the anti-gun crowd as a slogan to sway the ignorant away from the fact that law-abiding citizens often customize their legal weapons with parts obtained online or manufactured in their homes. Some of the parts are drilled with machine tools or 3D printed and therefore do not have a serial number so it is harder for government to track the weapons. Biden will make this legal activity for law-abiding gun owners — illegal.

However, as the Fast and Furious scandal — which happened under Biden’s tenure as VP — shows us, serial numbers on guns don’t stop anyone from committing crimes. The US gave serialized weapons to cartels, who in turn used them on Americans.

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