Biden administration announces final rule on ‘ghost guns’ News
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Biden administration announces final rule on ‘ghost guns’

President Joe Biden and the US Department of Justice (DOJ) Monday announced a final rule to curb the proliferation of “ghost guns” as part of the administration’s comprehensive strategy to prevent and respond to gun crime.

Ghost guns are privately-made firearms which lack serial numbers and can be bought online or at a store and assembled in under 30 minutes at home. Ghost guns are most widely available in the form of “buy build shoot” kits that individuals can buy without background checks. Law enforcement agencies have increasingly recovered such guns from crime scenes.

In May 2021, the DOJ proposed updating the definition of a “firearm” in the US Code to include ghost guns. The final rule clarifies that these kits are “firearms” under federal law and that such kits must bear serial numbers on the frame or receiver. Commercial sellers of such kits must obtain a federal license and run background checks before the sale.

Federal regulation currently defines “frame” and “receiver” in a limited manner such that it would cover only single-framed firearms. However, with the increasing use of split or multi-part receivers, the final rule has updated the definition of “frame” and “receiver” to make applicable existing gun regulations to all firearms. The final rule confirms a change in the definition proposed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

The rule also requires federally licensed gun dealers to serialize any un-serialized firearm that comes into their inventory before re-selling it. Further, federally licensed dealers should retain key records until they shut down their business. At that time, they must submit the records to the ATF. Dealers could previously destroy records after 20 years from the sale.

These new reforms are part of ongoing executive efforts to curb the use of ghost guns. In February 2022, the DOJ launched a National Ghost Gun Enforcement Initiative to train prosecutors to bring federal charges against criminals who have used ghost guns. This final rule follows a recent mass shooting in Sacramento, California. The president has repeatedly called on Congress to implement the banning of ghost guns, among other legal reforms, to curb gun violence.

Biden and the DOJ also announced the nomination of Steve Dettelbach, a former US Attorney and DOJ prosecutor, as the Director of ATF. Dettelbach needs Senate confirmation to take charge of the ATF.

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