President Biden called for actions against gun violence at the federal level after mass shootings in Georgia, California, and Colorado. A part of these actions provides steps toward regulating ghost guns. Ghost guns are guns that are sent through the mail in parts, and the recipient puts them together. On May 7, the US Bureau of Alcohol, Tobacco, and Firearms (ATF) proposed rules that would get rid of the loophole that allows the sale of ghost guns with little regulations. It would make the gun kits be classified as firearms, which means they would need a serial number and buyers would need to pass a background check. The federal government has never done anything like this before.
As the law is now, since the gun is shipped in parts and you cannot shoot with those pieces as they are shipped, therefore they are not considered a gun by the ATF. One particular aspect of ghost guns that the government proposes to regulate is a part called a frame or lower receiver. When it comes in the kit, this part is not filed down properly and does not have the proper holes drilled in. Until this is done, the government just considers it a piece of metal, which is why it is not subject to the same regulations as other guns. Some kits even come with drill bits to help you fashion this piece. These kits can make handguns or even AR-15s.
These guns are easy to order and construct, and they are difficult to trace. Precisely because they fly under the government's radar, ghost guns are rapidly becoming a gun of choice for criminals. Ghost guns have been used in illegal activity ranging from drug trafficking to mass shootings and domestic terrorism.
Do-it-yourself gun kits have been around since the 1990s as a hobby for gun enthusiasts. Then, they started being seen on the nightly news more and more during the 2010s. Police say that ghost guns used to be discovered only during underground trafficking operations and big gun busts. However, they are now being found owned more and more by individuals.
Currently, a legal loophole prevents ghost guns from being classified as guns. Since they are shipped in multiple pieces, they are outside of the definition of what the ATF legally defines as a firearm . The Biden administration aims to close that loophole.
Under the ATF’s Proposed Rule 2021R-05, the definition of “firearm” would be amended to clarify when a firearm kit can be considered a “firearm.” Homemade gun kits that provide partially built receivers or frames and come with all the pieces to build a working firearm would be considered a “firearm.” Any gun kit that comes with a destroyed receiver or frame would not be considered a “firearm.” Also, the term “gunsmith” would be modified to further explain what that means, saying that gunsmiths can mark firearms for the owner or maker of a privately-made firearm (PMF) and can be licensed to have this be their only job. The new rule would provide definitions for terms like “importer’s or manufacturer’s serial number,” “privately made firearm (PMF),” “complete weapon,” and “complete muffler or silencer device.” The rule would provide new definitions for “firearm frame or receiver” and “frame or receiver.” There would also be a change in the format of record-keeping and how long records would need to be stored. There would be a deadline for marking firearms manufactured. The bill would provide clarity on marking requirements for firearm silencers and mufflers.
If these measures are passed, they would be the first of their kind. The government has never worked to regulate guns like this before.
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