Homemade firearm kits used to build “ghost guns” are now part of the same legal category as traditional firearms after a federal judge declined a gun advocacy group’s request to pause the new regulations brought by President Joe Biden‘s Justice Department.
The decision means the main components used to manufacture ghost guns will be assigned serial numbers and purchasers will be required to undergo background checks before they obtain components. Additionally, dealers of these components must be federally licensed to sell the kits, are required to keep sale records, and cannot sell unfinished gun frames and receivers alongside the tools used to complete them.
U.S. District Judge for the District of North Dakota Peter D. Welte, an appointee of former President Donald Trump, said on Tuesday the plaintiffs failed to show that a preliminary injunction to block the regulation from taking effect was necessary.
‘GOOD MORAL CHARACTER’ REQUIREMENT IN NY CONCEALED CARRY LAW HAS RACIST ROOTS, 2A GROUPS SAY
“In this Court’s view, the Final Rule was and remains constitutional under the Second Amendment,” Welte wrote in his opinion, denying the legal bid brought by Gun Owners of America, a group backed by 17 Republican attorneys general.
The regulations were part of a White House announcement in April and are enforced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Welte added that “requiring multiple, but identical, serial numbers on any subparts entering the stream of commerce is necessary if the ATF wishes to track the subparts when sold in piecemeal fashion.”
Arizona Attorney General Mark Brnovich is one of the leading state attorneys general to oppose the Biden administration rule, arguing the ATF superseded Congress’s lawmaking powers.
“The ATF is attempting to overshoot the authority granted to it by Congress,” Brnovich said. “The rulemakings are unconstitutional, impractical, and would likely put a large number of parts manufacturers out of business.”
Conversely, DOJ Attorney General Merrick Garland has said the rule, the “Definition of ‘Frame or Receiver’ and Identification of Firearm,” is a direct effort to crack down on gun crime.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
“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,” Garland said in a statement Wednesday.
The Washington Examiner contacted Gun Owners of America. It is not clear whether the group plans to appeal.
