On Monday, the U.S. Supreme Court agreed to consider the Biden administration’s appeal of a decision that rejected the administration’s regulation of ghost guns.
In 2022, the Biden administration’s Bureau of Alcohol, Tobacco, Firearms and Explosives broadened the interpretation of the definition of “firearm” in the Gun Control Act of 1968. “The 1968 Gun Control Act, the 1988 Undetectable Firearms Act and other federal laws all govern firearms produced by a 3D printing process or any other process, just as they apply to conventional manufacturing processes using machine tools,” NSSF <a href="https://www.nssf.org/government-relations/factsheets/ghost-guns-undetectable-firearms-explained-2/" target="_blank" rel="noopener">notes</a>. The Gun Control Act interpreted “firearm” to mean “any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive” and “the frame or receiver of any such weapon.”
The rule claimed that the parts in ghost guns lay under the rubric of “firearm” under the federal Gun Control Act so the federal government could regulate them. It required “manufacturers and sellers to obtain licenses, mark their products with serial numbers and conduct background checks,” The New York Times <a href="https://www.nytimes.com/2024/04/22/us/supreme-court-ghost-guns.html" target="_blank" rel="noopener">reported</a>.
In August 2023, in a 5-4 vote, the Supreme Court allowed the Biden administration’s rule to stay in effect despite the fact that it had been challenged. In November, the 5th U.S. Circuit Court of Appeals found the Biden administration’s regulation unlawful. “Only Congress may make the deliberate and reasoned decision to enact new or modified legislation regarding firearms,” the court <a href="https://www.usatoday.com/story/news/politics/2024/04/22/supreme-court-biden-ghost-gun-background-checks/73280704007/" target="_blank" rel="noopener">wrote</a>. “Because Congress has neither authorized the expansion of firearm regulation nor permitted the criminalization of previously lawful conduct, the proposed rule constitutes unlawful agency action, in direct contravention of the legislature’s will,” they <a href="https://www.nbcnews.com/politics/supreme-court/supreme-court-decide-biden-administration-can-regulate-ghost-guns-rcna147065" target="_blank" rel="noopener">added</a>.
Solicitor General Elizabeth Prelogar countered that if the 5th U.S. Circuit Court of Appeals’ decision were implemented, “Anyone could buy a kit online and assemble a fully functional gun in minutes — no background check, records, or serial number required. The result would be a flood of untraceable ghost guns into our nation’s communities, endangering the public and thwarting law-enforcement efforts to solve violent crimes.”
“If a state placed a tax on the sale of home goods, such as tables, chairs, couches and bookshelves, Ikea surely could not avoid that tax by claiming that it does not sell any of those items and instead sells ‘furniture parts kits’ that must be assembled by the purchaser,” she argued. “So too with guns: An ordinary speaker of English would recognize that a company in the business of selling kits that can be assembled into firearms in minutes — and that are designed, marketed and used for that express purpose — is in the business of selling firearms.”
A brief for the Supreme Court asserted, “Consistent with Congress’s decision not to interfere with the making of firearms by private citizens, commercial production and sale of other items that may be used by private citizens to make firearms for their own use is outside the scope of the Act.”
Additionally, it offered another perspective, <a href="https://www.supremecourt.gov/DocketPDF/23/23A82/274511/20230802162019194_2023-08-02%20VanDerStok%20-%20Resp%20in%20Oppn%20to%20Stay%20vf.pdf" target="_blank" rel="noopener">stating</a>:
<blockquote>
A better analogy would be to a “taco kit” sold as a bundle by a grocery store that includes taco shells, seasoning packets, salsa and other toppings, along with a slab of raw beef. No one would call the taco kit a taco. In addition to “assembly,” turning it into one would require cutting or grinding and cooking the meat — and until that was done, it would be nonsensical to treat it as food and the equivalent of a taco.
</blockquote>

OPED-SCOTUS-GHOST-GUNS-EDITORIAL-1-NY

SCOTUS Will Consider Challenge To Biden’s ‘Ghost Gun’ Regulations

Biden Administration

Bureau of Alcohol Tobacco and Firearms (ATF)

firearms

Ghost Guns

Supreme Court

The Fifth Circuit Court of Appeals ruled against a Biden administration ATF rule that sought to regulate guns without serial numbers and redefine the term “<a href="https://www.dailywire.com/topic/guns" target="_blank" rel="noopener">firearm</a>.”
The court on Thursday said that the ATF had no legal authority to put forth a rule that <a href="https://www.nytimes.com/2022/12/27/us/politics/ghost-guns-atf-rule.html" target="_blank" rel="noopener">would require</a> gun vendors to treat firearm parts like pistol grips and firing mechanisms as fully completed firearms, meaning they would need to have serial numbers. The rule, which was first rolled out in April 2022, was intended for the ATF to be able track homemade guns.
Judges at the Fifth Circuit unanimously said the ATF had usurped legislative authority and that the ATF was trying to take broader regulatory authority than it actually had.
“Where an executive agency in what is, for all intents and purposes, ‘law making,’ the legislature is deprived of its final function under our Constitution, and our citizens are robbed of their right to fair representation in government. This is especially true when the executive rule-turned-law criminalizes conduct without the say of the people who are subject to its penalties,” Judge Kurt Engelhardt <a href="https://aboutblaw.com/bbpJ" target="_blank" rel="noopener">wrote</a>.
“ATF, in promulgating its Final Rule, attempted to take on the mantle of Congress to ‘do something’ with respect to gun control,” Engelhardt added. “But it is not the province of an executive agency to write laws for our nation. That vital duty, for better or for worse, lies solely with the legislature.”
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The rule had been allowed to stay in place by the Supreme Court during lower court adjudication. The Department of Justice will likely appeal the Fifth Circuit’s decision to the Supreme Court.
Judge Andrew Oldham was critical of the ATF’s new rule, saying that it would allow a broad swath of regulations not explicitly spelled out in the rule.
“The Final Rule is limitless. It purports to regulate any piece of metal or plastic that has been machined beyond its primordial state for fear that it might one day be turned into a gun, a gun frame, or a gun receiver,” he wrote. “And it doesn’t stop regulating the metal or plastic until it’s melted back down to ooze.”

US-NEWS-SCOTUS-GHOST-GUNS-NY

Appeals Court Rules Against ‘Limitless’ Biden ATF Rule Changing The Definition Of Firearm

Appeals Court Rules Against 'Limitless' Biden ATF Rule Changing The Definition Of Firearm

Courts

Gun Control

Guns

U.S.

A group of Republican lawmakers will introduce a Congressional Review Act Joint Resolution of Disapproval (CRA) to stop President Joe Biden’s Department of Justice from implementing a new rule to expand firearm definitions.
The new resolution is joined by Texas Sen. Ted Cruz, Oklahoma Sen. James Lankford, Indiana Sen. Mike Braun, and Utah Sen. Mike Lee.
The effort seeks to stop <a href="https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver" target="_blank" rel="noopener">ATF rule 2021R-05F</a>, which was signed by Attorney General Merrick Garland on Monday. The rule is set to redefine a “firearm” under federal law to include the individual parts of guns, often included in a weapons parts kit. The focus is part of Biden&#8217;s effort to stop ghost guns, or firearms sold as kits and built by the individual after ordering the parts.
&#8220;If implemented, this new rule would require gun kits and gun parts to be regulated as if they were fully functional firearms—meaning they wouldn’t be able to be sold without a serial number or without the buyer having to undergo a background check,&#8221; a <a href="https://www.cruz.senate.gov/newsroom/press-releases/sen-cruz-and-colleagues-to-introduce-resolution-prohibiting-the-biden-doj-from-expanding-firearm-definitions-and-creating-national-gun-registry">statement</a> from Cruz&#8217;s office noted.
&#8220;The new rule would also require those with Federal Firearms Licenses to retain records permanently, in effect creating a national firearms registry,&#8221; the statement added. &#8220;The current rule, which the Biden administration seeks to change, allows for the disposal of records after 20 years.&#8221;
Upon the announcement of the resolution, the Texas senator argued that the Republican leaders are &#8220;pushing back&#8221; to stop the false narrative against Second Amendment rights.
“For the past two years, we’ve seen crime rates skyrocket all across the country, aided by Democrats’ soft-on crime policies and left-wing district attorneys operating like progressive activists instead of law enforcement officers. Democrats would love nothing more than to shift the blame and stoke anti-gun sentiment, and create a permanent national gun registry in the process,&#8221; Cruz wrote.
&#8220;By introducing this resolution, we’re pushing back—we want to stop the Biden administration from issuing the final rule expanding the definition of firearms and instituting a national gun registry, we want to stop the false narrative that links the rise in crime to ‘ghost guns,’ and firearms, and we want to protect law-abiding citizens who are exercising their Second Amendment rights,&#8221; he added.
Lankford called the Biden administration&#8217;s effort an attempt to &#8220;strip law-abiding citizens of their Second Amendment rights.&#8221;
“Crime is going up in far-left cities because of soft-on-crime policies. Biden’s response is to clamp down on guns put together in a kit. Federal law already prohibits felons from owning or possessing any gun, including so called ‘ghost guns,’” Lankford said.
“This is another attempt by the Biden Administration to strip law-abiding citizens of their Second Amendment rights instead of addressing the failed policies that have led to increased crime across the country. This action by the Biden Administration is not going to solve rising crime rates. Senator Cruz and I are pushing to overturn this rule and will introduce a Congressional Review Act resolution to overturn it,” he added, according to the statement.
Biden renewed his push to ban semi-automatic long guns in a Monday speech that focused on what his administration is doing to crack down on Second Amendment rights. The Daily Wire <a href="https://www.dailywire.com/news/biden-renews-push-for-gun-magazine-ban" target="_blank" rel="noopener">reported</a>:
<blockquote>“We need Congress to pass universal background checks, universal background checks, and I know it’s controversial but I got it done once, ban assault weapons and high capacity magazines,” Biden shouted.
Biden then suggested that people do not need what he claims are high-capacity magazines because deer do not wear “Kevlar vests.”</blockquote>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
While announcing new actions to fight gun crime, President Biden:
• calls on Congress to pass universal background checks and to ban assault weapons and high capacity magazines • makes a pretty funny joke about deer hunting • shouts that assault weapons are a &quot;weapon of war&quot; <a href="https://t.co/hOEfTFe7MQ">pic.twitter.com/hOEfTFe7MQ</a>
&mdash; The Recount (@therecount) <a href="https://twitter.com/therecount/status/1513596612366553089?ref_src=twsrc%5Etfw">April 11, 2022</a></blockquote>
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Biden

GOP Lawmakers Introduce Resolution To Stop Biden Admin From Expanding Firearm Definitions And Creating National Gun Registry

Joe Biden

GOP Rep. Thomas Massie (KY) took on the Biden administration this weekend over reports of incoming executive action stripping away Americans&#8217; gun rights.
President Joe Biden is <a href="https://www.dailywire.com/news/biden-set-to-announce-new-crackdown-on-gun-rights-this-week-report">expected</a> this week to crackdown on so-called &#8220;<a href="https://www.dailywire.com/news/what-is-a-ghost-gun-and-how-are-they-regulated">ghost guns</a>,&#8221; or any homemade firearm that lacks serial numbers.
Screencapping a report on the coming crackdown, Massie ripped Biden for ignoring the Constitution and bypassing Congress.
&#8220;The Constitution does not authorize the federal government to prevent you from making your own firearm,&#8221; the Republican asserted. &#8220;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!&#8221;
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
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! <a href="https://t.co/vTFRvKYTVi">pic.twitter.com/vTFRvKYTVi</a>
&mdash; Thomas Massie (@RepThomasMassie) <a href="https://twitter.com/RepThomasMassie/status/1513312153687711751?ref_src=twsrc%5Etfw">April 11, 2022</a></blockquote>
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When Biden pushed the supposed grave seriousness of &#8220;ghost guns&#8221; in America last April, <a href="https://www.dailywire.com/news/what-is-a-ghost-gun-and-how-are-they-regulated">The Daily Wire</a> highlighted that serial numbers are already required if these homemade guns are sold or transferred to another person:
<blockquote>Under current law, a person can manufacture a homemade firearm without serial numbers for their personal use. A serial number, however, is required if the firearm is sold or transferred to another person. This is only applicable for hobbyists, <a href="https://www.law.cornell.edu/uscode/text/18/923">not people</a> who are in the business of manufacturing, buying, and/or selling guns. These homemade firearms are regulated under the<a href="https://www.govinfo.gov/content/pkg/STATUTE-82/pdf/STATUTE-82-Pg1213-2.pdf"> Gun Control Act of 1968</a>.</blockquote>
Gun expert Stephen Gutowski questioned Biden&#8217;s political tact regarding the coming gun control measures.
&#8220;I don&#8217;t understand the White House strategy here,&#8221; he wrote. &#8220;They&#8217;re going to put up another political guy for ATF director which means it&#8217;ll be a big gun-control fight right before the midterms. And they&#8217;re rushing the &#8216;ghost gun&#8217; rule into effect early too.&#8221;
&#8220;Guns have consistently polled low on Americans&#8217; priority list Biden&#8217;s entire presidency and his handling of the issue has been poor as well,&#8221; Gutowski noted. &#8220;Republicans are now more trusted on the issue than Democrats. And yet the White House is leaning into it anyway.&#8221;
&#8220;Maybe it will make some of the gun-control groups happy, but these moves seem too in the weeds for most grassroots Dems to get excited about. I&#8217;m not sure anyone goes to the polls because the ATF has a permanent director instead of an acting one,&#8221; the expert wrote.
&#8220;I can&#8217;t imagine Senators King, Tester, Sinema, and Manchin are too happy to re-litigate the ATF director fight again, though,&#8221; he added. &#8220;If the gun industry opposes Steve Dettlebach, and it looks like they will, it&#8217;s going to be another uphill battle to get him confirmed. Will Senator King see him as meaningfully different from Chipman?&#8221;
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Guns have consistently polled low on Americans&#39; priority list Biden&#39;s entire presidency and his handling of the issue has been poor as well. Republicans are now more trusted on the issue than Democrats. And yet the White House is leaning into it anyway.
&mdash; Stephen Gutowski (@StephenGutowski) <a href="https://twitter.com/StephenGutowski/status/1513325326419599364?ref_src=twsrc%5Etfw">April 11, 2022</a></blockquote>
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<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
The gun-control groups deserve a lot of credit for pushing Biden to be even more aggressive. They&#39;ve been openly hostile towards the administration since Chipman&#39;s nomination failed &amp; it seems to have paid off. A very different approach than the gun-rights groups had with Trump.
&mdash; Stephen Gutowski (@StephenGutowski) <a href="https://twitter.com/StephenGutowski/status/1513328599671218176?ref_src=twsrc%5Etfw">April 11, 2022</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
If the gun industry opposes Steve Dettlebach, and it looks like they will, it&#39;s going to be another uphill battle to get him confirmed. Will Senator King see him as meaningfully different from Chipman? I&#39;ll be covering it over at <a href="https://twitter.com/TheReloadSite?ref_src=twsrc%5Etfw">@TheReloadSite</a>. Sign up: <a href="https://t.co/cNu9RFsQzd">https://t.co/cNu9RFsQzd</a>
&mdash; Stephen Gutowski (@StephenGutowski) <a href="https://twitter.com/StephenGutowski/status/1513333259282878467?ref_src=twsrc%5Etfw">April 11, 2022</a></blockquote>
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Related: <a href="https://www.dailywire.com/news/what-is-a-ghost-gun-and-how-are-they-regulated">What Is A ‘Ghost Gun’ And How Are They Regulated?</a>
Related: <a href="https://www.dailywire.com/news/biden-set-to-announce-new-crackdown-on-gun-rights-this-week-report">Biden Set To Announce New Crackdown On Gun Rights This Week: Report</a>

Reps Boebert And Massie Hold News Conference On Second Amendment Legislation

‘Congress Makes Law, Not POTUS!’: Rep. Massie Slams Biden Admin Over Gun Crackdown Report

Democrat President Joe Biden is reportedly set to announce a new crackdown on gun rights this week with one of the most extreme far-left anti-gun activists set to attend the event.
&#8220;The Biden administration will come out with its long-awaited ghost gun rule — aimed at reining in privately made firearms without serial numbers that are increasingly cropping up at crime scenes — as soon as Monday,&#8221; the Associated Press <a href="https://www.foxnews.com/politics/biden-expected-release-ghost-gun-rule">reported</a>. &#8220;The White House has also been weighing naming Steve Dettelbach, a former U.S. attorney from Ohio, to run the Bureau of Alcohol, Tobacco, Firearms and Explosives, or ATF.&#8221;
Far-left activist David Hogg tweeted on Saturday that he would be in attendance for the event, writing, &#8220;I will be at the White House on Monday for an announcement from the president of the United States on what actions are being taken to reduce gun violence.&#8221;
He added, &#8220;Many in the movement including myself have been working on this for months. Looking to finally seeing the results.&#8221;
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
I will be at the White House on Monday for an announcement from the president of the United States on what actions are being taken to reduce gun violence. 
Many in the movement including myself have been working on this for months. Looking to finally seeing the results 🙂
&mdash; David Hogg 🌻 (@davidhogg111) <a href="https://twitter.com/davidhogg111/status/1512964552375296003?ref_src=twsrc%5Etfw">April 10, 2022</a></blockquote>
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The Biden administration <a href="https://www.justice.gov/opa/pr/justice-department-proposes-new-regulation-update-firearm-definitions">released</a> its proposed rule last May which &#8220;would modernize the definition of &#8216;frame or receiver&#8217; and help close a regulatory loophole associated with the un-serialized privately made firearms that&#8221; the administration claimed &#8220;are increasingly being recovered at crime scenes across the country.&#8221;
The administration claimed that the rule would take on ghost guns in three ways:
<blockquote>
<ul>
<li>To help keep guns from being sold to convicted felons and other prohibited purchasers, the rule would make clear that retailers must run background checks before selling kits that contain the parts necessary for someone to readily make a gun at home.</li>
<li>To help law enforcement trace guns used in a crime, the rule would require that manufacturers include a serial number on the firearm “frame or receiver” in easy-to-build firearm kits.</li>
<li>To help reduce the number of “ghost guns” on our streets, the rule would set out requirements for federally licensed firearms dealers to have a serial number added to 3D printed guns or other un-serialized firearms they take into inventory.</li>
</ul>
</blockquote>
“We are committed to taking commonsense steps to address the epidemic of gun violence that takes the lives of too many people in our communities,” said Attorney General Merrick B. Garland. “Criminals and others barred from owning a gun should not be able to exploit a loophole to evade background checks and to escape detection by law enforcement. This proposed rule would help keep guns out of the wrong hands and make it easier for law enforcement to trace guns used to commit violent crimes, while protecting the rights of law-abiding Americans. Although this rulemaking will solve only one aspect of the problem, we have an obligation to do our part to keep our families and our neighborhoods safe from gun violence.”

President Biden Signs COVID-19 Hate Crimes Act Into Law

Biden Set To Announce New Crackdown On Gun Rights This Week: Report

Second Amendment

On Friday, The Department of Justice published a <a href="https://www.atf.gov/file/154586/download">115-page document</a> detailing a proposed rule change that would redefine what constitutes a firearm. According to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the new definition &#8220;take[s] into account technological developments and modern terminology in the firearms industry, as well as amendments to the marking and recordkeeping requirements.&#8221;
The newly proposed rule would redefine a &#8220;ghost gun&#8221; or precursor firearm parts as a firearm under federal law.
As of now, a “ghost gun” is defined as any homemade firearm that lacks serial numbers, a definition criticized by gun control advocates because they are difficult to trace. These are often machined from blocks of aluminum, although they can also be made using a 3D printer. Other types include 80%  lowers, which are a basic mold of a firearm which require additional machining.
Under current law, a person can manufacture a homemade firearm without serial numbers for their personal use. A serial number, however, is required if the firearm is sold or transferred to another person. This is <a href="https://www.law.cornell.edu/uscode/text/18/923">only applicable for hobbyists</a>, not those who are in the business of manufacturing, buying, and/or selling guns. These homemade firearms are currently regulated under the <a href="https://www.govinfo.gov/content/pkg/STATUTE-82/pdf/STATUTE-82-Pg1213-2.pdf">Gun Control Act of 1968</a>.
The proposed rule change would classify 80% lowers and receivers that could be &#8220;readily completed&#8221; as a functional firearm, meaning a serial number and background check would be required at the time of purchase:
<blockquote>When a partially complete frame or receiver parts kit reaches a stage in manufacture where it may readily be completed, assembled, converted, or restored to a functional state, it would be considered a firearm “frame or receiver” that must be marked. Further, under the proposed rule, weapon parts kits with partially complete frames or receivers containing the necessary parts such that they may readily be completed, assembled, converted, or restored to expel a projectile by the action of an explosive would be “firearms” for which each frame or receiver of the weapon, as defined under this rule, would need to be marked.</blockquote>
Instead of shipping directly to a purchaser&#8217;s home, the incomplete frames and receivers would be serialized and sent to a Federal Firearms Licensee (FFL) — commonly referred to as a &#8220;gun dealer&#8221; — where a purchaser would fill out ATF Form 4473 and complete a background check.
According to <a href="https://thereload.com/biden-admin-rule-change-would-expand-atf-power-ban-ghost-guns/">The Reload</a>, the terminology used in the rules change is vague:
<blockquote>Under the current rule, a gun part can only be regulated as a receiver if it has several key components, including the trigger mechanism and breach. The proposed rule would change that to let the ATF regulate a part as a receiver if it includes just one of those components. It would also add language to the definition allowing the ATF to regulate anything that could be “readily” made into a firearm receiver as though it were a finished receiver.
The proposed rule does not provide a set of objective standards for what constitutes “readily” convertible. Instead, it relies on subjective measures of how long the conversion could take, how difficult it could be, and what tools could be required. The agency pointed to court cases for examples of what readily meant. In one example the agency said a part being completed during “an eight-hour working day in a properly equipped machine shop” qualified as “readily” convertible.</blockquote>
The rule change would also target various platforms including the AR-15, among the <a href="https://www.nssf.org/msr/">most popular</a> firearms sold today.
&#8220;Besides establishing a de facto ban on so-called 80 percent frames and receivers in the way they are in circulation today, it could also stand to regulate &#8216;split/multi-receiver&#8217; and &#8216;modular firearms&#8217; such as the AR-15 and P320 in ways that could require AR uppers and pistol slide assemblies to be a serialized firearm,&#8221; <a href="https://www.guns.com/news/2021/05/10/biden-justice-dept-issues-115-pages-of-proposed-new-firearm-definitions">Guns.com</a> reported.
In addition, the rule change <a href="https://www.atf.gov/rules-and-regulations/definition-frame-or-receiver/summary">would allow</a> FFLs and gunsmiths to &#8220;mark firearms for the maker or owner of a privately made firearm (PMF) and may be licensed to engage solely in that business.&#8221; They are not, however, authorized to make those modifications for &#8220;a licensed importer or licensed manufacturer because those firearms are for sale or distribution.&#8221;
Once the proposed rule is published in the Federal Register, the public will have 90 days to submit comments.
Why the rules are changing
The DOJ is cracking down on &#8220;ghost guns&#8221; because of the number of &#8220;un-serialized firearms&#8221; that have shown up at crime scenes across the nation. The goal, the agency says, is to &#8220;keep guns from being sold to convicted felons and other prohibited purchasers.&#8221;
“We are committed to taking commonsense steps to address the epidemic of gun violence that takes the lives of too many people in our communities,” Attorney General Merrick Garland said in a <a href="https://www.justice.gov/opa/pr/justice-department-proposes-new-regulation-update-firearm-definitions">statement.</a> “Criminals and others barred from owning a gun should not be able to exploit a loophole to evade background checks and to escape detection by law enforcement. This proposed rule would help keep guns out of the wrong hands and make it easier for law enforcement to trace guns used to commit violent crimes, while protecting the rights of law-abiding Americans.”
Industry reaction
According to the <a href="https://www.nraila.org/articles/20210508/atf-proposed-rule-a-blatant-attack-on-american-gun-industry">National Rifle Association&#8217;s Institute for Legislative Action</a> (NRA-ILA), the proposed rule change &#8220;would give ATF arbitrary authority to classify firearms in a way that could make it difficult or impossible for the firearm industry to operate.&#8221;
The National Shooting Sports Foundation (NSSF), the firearms trade association is concerned about the &#8220;details&#8221; of the proposal.
“The details will matter,&#8221; Lawrence Keane, senior vice president and general counsel for the NSSF, said in a statement.
&#8220;We are fully aware of the impact that this proposed rule could have on the firearm industry and gun owners in general,&#8221; Keane explained. &#8220;NSSF will closely examine the proposed rule and seek input from our members on how this proposed rule adversely impacts their businesses, and whether the rule exceeds ATF’s legal authority under the Gun Control Act. NSSF fully expects to file robust public comments with ATF during the 90-day comment period.”
<a href="https://www.gunowners.org/goa-gof-continue-to-stand-for-homemade-firearms/">Gun Owners of America</a> (GAO) said the proposed rules change is &#8220;asinine.&#8221;
&#8220;The proposed rules by Biden’s Justice Department seek to add undue burdens on homebuilt firearms. Forcing purchasers of unfinished chunks of metal and plastic to undergo a background check from a broken NICS system is simply asinine,&#8221; GAO Senior Vice President Erich Pratt said in a statement. &#8220;Just as with other forms of gun control, these regulations will leave honest people with one less method for self-defense but will be completely ignored by criminals.&#8221;
Related: <a href="https://www.dailywire.com/news/why-is-the-left-so-quick-to-dispose-of-women">What Is A ‘Ghost Gun’ And How Are They Regulated?</a>
Beth Baumann is a Political Reporter and Editor at The Daily Wire. Follow her on Twitter <a href="https://twitter.com/eb454">@eb454</a>.
The views expressed in this piece are the author’s own and do not necessarily represent those of The Daily Wire.

Numerous Assault Rifles Hanging On Wall.

The DOJ Released A 115-Page Rule Change To Redefine A ‘Firearm.’ Here’s What You Need To Know.

Readers Pass

A Ninth Circuit panel on Tuesday lifted restrictions on exporting blueprints for 3D-printed guns.
The <a href="https://www.courthousenews.com/wp-content/uploads/2021/04/GhostGuns-9CA.pdf">ruling</a> comes as the Biden administration has promised a crackdown on so-called &#8220;ghost guns,&#8221; or any homemade firearm without a serial number.
The divided Ninth Circuit panel lifted a court order against two Trump-era rules that make it easier to share blueprints for 3D-printed guns, Courthouse News Service <a href="https://www.courthousenews.com/ninth-circuit-lifts-ban-on-3d-printed-gun-blueprints/">reported</a> Tuesday.
In July 2018, the Trump administration <a href="https://techcrunch.com/2018/07/14/its-now-legal-to-distribute-schematics-for-3d-printed-guns-in-the-u-s-what-happens-next/?guccounter=1&amp;guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&amp;guce_referrer_sig=AQAAAKMBI3o8JvDH1-ejQi4sm4YoCRrb1NHy7Zli24Ho7rLJStA--81AWRBDhANnj858NtX732eN0AfcBd8zOKEOajK19hNq-ciM_WnDpskW4lTQ2WEhgT3AnVtQqmX33gEUNyTnB3yaar4juab6_rrjVdZfvqECgwqXxVTegnS0CWWi">settled</a> a lawsuit with Defense Distributed, agreeing to remove 3D-printed gun blueprints from the State Department’s list of regulated munitions. Defense Distributed released the specs online the following month, notably making any efforts to block the dissemination of the files futile, and therefore making Tuesday&#8217;s ruling effectively redundant.
The decision overturned an injunction issued by U.S. District Judge Robert Lasnik, according to Courthouse News Service. Lasnik &#8220;had blocked two rules that transferred regulatory control of 3D-printed gun files from the State Department to the Commerce Department. The rules also removed ghost gun blueprints from a State Department list of munitions that require a license to export. Twenty-two states led by Washington state sued to prevent the rule changes from taking effect.&#8221;
U.S. Circuit Judges Jay Bybee, a George W. Bush appointee, and Ryan Nelson, a Donald Trump appointee, found that courts lack authority to review the challenged rule changes, the report said: &#8220;They found a 1976 law, the International Security Assistance and Arms Export Control Act, and its subsequent amendments forbid judicial review of State Department decisions on what is considered a &#8216;defense article&#8217; subject to regulation.&#8221;
&#8220;The U.S. Department of State (&#8216;DOS&#8217;) and Department of Commerce appeal the district court’s order granting the motion of 22 states and the District of Columbia to enjoin DOS’s final rule removing 3D-printed guns and their associated files from the U.S. Munitions List,&#8221; Judge Nelson <a href="https://www.courthousenews.com/wp-content/uploads/2021/04/GhostGuns-9CA.pdf">wrote</a>. &#8220;Because Congress expressly precluded review of the relevant agency actions here, we vacate the injunction and remand with instructions to dismiss.&#8221;
As reported by The Daily Wire&#8217;s <a href="https://www.dailywire.com/news/what-is-a-ghost-gun-and-how-are-they-regulated">Beth Baumann</a>, President Joe Biden announced earlier this month his intention to crack down on &#8220;ghost guns,&#8221; including homemade firearm kits. POTUS, though, demonstrated his ignorance about firearms and their current regulations.
Biden, for instance, did not tell the American people what&#8217;s in homemade firearm kits and conflated the background check process for stripped lower receivers and “ghost guns,&#8221; Baumann detailed.
“These are guns that are homemade, built from a kit, and include directions on how to finish the firearm. You can go buy the kit. They have no serial numbers so when they show up at a crime scene, they can’t be traced,” the president said. “&#8230; Buyers aren’t required to pass a background check to buy the kit to make the gun. Consequently, anyone from a criminal to a terrorist can buy this kit and, in as little as 30 minutes, put together a weapon.”
“I want to see these kits treated as firearms under the Gun Control Act, which is going to require the seller and manufacturers make the key parts with serial numbers and run background checks on the buyer when they walk in to buy that package,” added Biden.
Baumann outlined some of the key facts Biden obfuscated from:
<blockquote>Although the parts kits can be purchased online, they are still missing the critical lower receiver. The person building the firearm needs either a lower they machined themselves (a “ghost gun”) or a stripped lower receiver from a manufacturer. Without that piece, the parts kit is not functional.
&#8230; Stripped lower receivers are treated as firearms under the Gun Control Act of 1968. Receivers are the “key parts” of a firearm. Biden is essentially calling for a regulation that already exists.</blockquote>
Related: <a href="https://www.dailywire.com/news/what-is-a-ghost-gun-and-how-are-they-regulated">What Is A ‘Ghost Gun’ And How Are They Regulated?</a>

US-POLITICS-WEAPONS

Court Lifts Ban On Exporting Blueprints For 3D-Printed ‘Ghost Guns’ As Biden Promises Crackdown

President Joe Biden on Thursday announced his executive order cracking down on &#8220;ghost guns,&#8221; a term not many Americans are familiar with. Based on President Biden&#8217;s press conference last week, it&#8217;s evident he himself doesn&#8217;t fully grasp what a &#8220;ghost gun&#8221; is or the legal process for building one.
Here&#8217;s an explainer on what a &#8220;ghost gun&#8221; is and the federal laws surrounding them.
What is a &#8220;ghost gun&#8221;?
A &#8220;ghost gun&#8221; is any homemade firearm that lacks serial numbers. These are machined from blocks of aluminum, although they can also be printed with a 3-D printer. Gun control advocates refer to them as &#8220;ghost guns&#8221; because the lack of a serial number makes them difficult to trace.
There are also 80 percent lowers, which are a basic mold of a firearm that require additional machining.
Under current law, a person can manufacture a homemade firearm without serial numbers for their personal use. A serial number, however, is required if the firearm is sold or transferred to another person. This is only applicable for hobbyists, <a href="https://www.law.cornell.edu/uscode/text/18/923">not people</a> who are in the business of manufacturing, buying, and/or selling guns. These homemade firearms are regulated under the<a href="https://www.govinfo.gov/content/pkg/STATUTE-82/pdf/STATUTE-82-Pg1213-2.pdf"> Gun Control Act of 1968</a>.
How does a &#8220;ghost gun&#8221; vary from a stripped lower receiver?
A stripped lower receiver is a serialized piece of aluminum that is machined by a firearms manufacturer and are considered a firearm under federal law. On their own, these lower receivers have no firing functionality. They need a parts kit, which include a trigger and magazine, in order to function.
The same kit that can be used to final an AR build on a &#8220;ghost gun&#8221; can also be used on a stripped lower receiver. Those kits, however, do not require a background check.
What did Biden say?
During his press conference, Biden did not state clearly what&#8217;s in a kit or how they are purchased. He also conflated the background check process for stripped lower receivers and &#8220;ghost guns.&#8221;
&#8220;These are guns that are homemade, built from a kit, and include directions on how to finish the firearm. You can go buy the kit. They have no serial numbers so when they show up at a crime scene, they can&#8217;t be traced,&#8221; he said.
&#8220;Buyers aren&#8217;t required to pass a background check to buy the kit to make the gun,&#8221; Biden said. &#8220;Consequently, anyone from a criminal to a terrorist can buy this kit and, in as little as 30 minutes, put together a weapon.&#8221;
FACT: Although the parts kits can be purchased online, they are still missing the critical lower receiver. The person building the firearm needs either a lower they machined themselves (a &#8220;ghost gun&#8221;) or a stripped lower receiver from a manufacturer. Without that piece, the parts kit is not functional.
&#8220;I want to see these kits treated as firearms under the Gun Control Act, which is going to require the seller and manufacturers make the key parts with serial numbers and run background checks on the buyer when they walk in to buy that package,&#8221; he said.
FACT: Stripped lower receivers are treated as firearms under the Gun Control Act of 1968. Receivers are the &#8220;key parts&#8221; of a firearm. Biden is essentially calling for a regulation that already exists.
As it stands, a stripped lower receiver has to be sent from the manufacturer to a Federal Firearms Licensee (FFL). Even if a buyer purchases the lower receiver online, it is shipped directly to the FFL, not the buyer&#8217;s house. When the buyer picks up the lower receiver from the FFL, he or she must fill out the ATF&#8217;s 4473 background check form and undergo a background check. At that point, the sale proceeds if the buyer passes the background check. If the buyer fails the background check, the sale is stopped.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
Biden mentioned “kits” for “ghost guns,” which he conflated with serialized lowers and kits to complete a build. <a href="https://t.co/hDVbTp8dTw">pic.twitter.com/hDVbTp8dTw</a>
&mdash; Beth Baumann (@eb454) <a href="https://twitter.com/eb454/status/1380584505459712002?ref_src=twsrc%5Etfw">April 9, 2021</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Beth Baumann is a Political Reporter at The Daily Wire. Follow her on Twitter <a href="https://twitter.com/eb454">@eb454</a>.
The views expressed in this piece are the author’s own and do not necessarily represent those of The Daily Wire.
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