New federal rule has done little to stem ‘ghost guns’
Companies still sell gun parts
WASHINGTON — President Biden celebrated the adoption of a federal rule in August that cracked down on the online sale of untraceable components for weapons known as ghost guns as a major step in stemming gun violence. But the rule has done little to stop the sale of key parts used to make deadly homemade firearms, according to officials and gun control groups.
The rule, among the most significant executive actions Biden has taken on a core campaign promise, clarified the definition of a firearm under federal law to better regulate modern semi-automatic weapons. That in turn paved the way for regulating ready-made kits, which include all the parts needed to assemble a workable firearm in under an hour.
The move was a centerpiece of the administration’s broader initiative to address the proliferation of illegal weapons driving an increase in mass shootings and violent crime — an effort highlighted by the passage of Biden’s sweeping, if limited, bipartisan gun deal in June. But because the rule was created through executive action, rather than a statute validated by Congress, it has given companies confidence that they can keep selling individual gun parts.
Dozens of online retailers are still selling core components used to make ghost guns, also known as privately manufactured firearms, according to research by Everytown for Gun Safety, an advocacy group founded by Michael Bloomberg, a former mayor of New York City. Many have adopted the narrowest possible interpretation of the rule, continuing to sell so-called 80 percent frames and receivers, which require simple alterations to become operational.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the agency responsible for enforcing gun laws, has been reluctant to target vendors who sell those parts out of concern that doing so would prompt a legal backlash — even though Biden’s allies are pushing the administration to take a much more aggressive stance.
“The problem is it’s a regulation, not a statute, so there’s only so much ATF can do,” said Adam Winkler, a law professor at the University of California, Los Angeles, who studies the legal and constitutional issues around gun policy.
“There are clear limits, and they risk losing in court if they push it too far,” he added. “That’s why you now see companies that used to market the kits simply switching over to selling the components separately, and letting the buyers assemble their own kits.”
In recent months, gun control groups and Democrats in Congress have pressured Steve Dettelbach, the ATF’s new director, to act more decisively. In October, Senators Richard Blumenthal and Chris Murphy, Democrats of Connecticut, along with 12 other senators, wrote Dettelbach asking for a detailed update on enforcement of the new law. Gun safety groups have enlisted Democratic legislators to nudge Dettelbach in weekly phone calls.
But ATF officials have cautioned that pushing the limits of the rule with a range of other changes, such as requiring federally licensed firearms dealers to place serial numbers on homemade guns bought from do-ityourself sellers, could jeopardize it entirely. The rule also compels gun dealers to improve their record-keeping procedures.
Many gun control groups believe the ATF is being too cautious, citing the first wave of mostly unsuccessful court challenges to the regulation as proof that an expanded crackdown could be legally viable.
The bureau, in consultation with senior leaders at the Justice Department, is hashing out a circular to clarify what the new rule means for the sale of components used to produce Glockstyle pistols, the weapon of choice for many criminals seeking an untraceable firearm. The guidance is expected to be made public before the end of the year.
A similar letter governing AR-15-type rifles, which represent a much smaller percentage of homemade firearms used in crimes, was released in September. It did not signal significant new restrictions on the sale of components, to the frustration of gun safety groups.
But the ATF seems likely to continue its deliberate approach — analyzing court decisions for clues on how hard they can push, and monitoring online vendors whose marketing materials may run afoul of a new rule that requires kits to be given serial numbers like over-the-counter firearms, according to officials.