Biden’s New ‘Ghost Gun’ Restrictions Take Effect

Lorenz DuchampsAugust 26, 2022

President Joe Biden’s legal challenge targeting so-called “ghost guns” went into effect on Aug. 24, focusing on curbing the proliferation of privately assembled firearms.

The rules, which the White House posted in April, are designed to prevent unlicensed guns from being sold to convicted felons and other ineligible buyers by making clear that retailers run background checks before selling kits that contain parts for someone to assemble a gun, a similar rule to commercially made firearms.

In addition, commercial manufacturers will be federally required to assign serial numbers to the main components, such as the kit’s frame or receiver, used to manufacture ghost guns. They also have to retain records for the length of time they are licensed. The current rule allows sellers to purge records after 20 years.

The Department of Justice (DoJ) announced in a statement that over the past decade, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has been unable to trace thousands of firearms due to records being destroyed early.

“These guns have often been sold as build-your-own kits that contain all or almost all of the parts needed to quickly build an unmarked gun. And anyone could sell or buy these guns without a background check,” Attorney General Merrick B. Garland said on Wednesday.

“This rule will make it harder for criminals and other prohibited persons to obtain untraceable guns,” he said. “It will help to ensure that law enforcement officers can retrieve the information they need to solve crimes.”

Attorney General nominee Merrick Garland is sworn-in during his confirmation hearing before the Senate Judiciary Committee in the Hart Senate Office Building, in Washington, on Feb. 22, 2021. (Drew Angerer/Getty Images)

When Biden announced his executive action against ghost guns, the National Rifle Association (NRA), Sen. Chuck Grassley (R-Iowa), and others criticized the president’s measure.