President Biden bans homemade and 3-D-made guns with wide-ranging rule that will impact hobby gunmakers

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President Joe Biden and the Department of Justice issued a rule Monday to ban home-made firearms, which the Biden Administration calls “ghost guns.”

Biden also announced the nomination of Steve Dettelbach as the permanent director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Dettelbach must be confirmed by the U.S. Senate before taking over as head of the ATF.

“President Biden has chosen yet another ATF Director candidate with ‘Gun Control Incorporated’s’ stamp of approval,” said Dudley Brown, President of the National Association for Gun Rights. “We’re currently mobilizing our 4.5 million members in opposition to his nomination – just like we successfully did with the previous failed nominees.”

Dettelbach is an advocate for reinstating the ban on so-called “assault weapons” and federal “Brady Registration” checks on private gun sales. He was the United States Attorney for the Northern District of Ohio during the Barack Obama presidency.

Privately made guns have no federally tracked serial numbers on them. Last year, the administration said that 20,000 of these types of guns were reported to federal authorities as having been recovered by law enforcement in criminal investigations. The guns make it more difficult for law enforcement to track down the original owner of a gun, since it is effectively untraceable.

The Biden rule makes unserialized “buy build shoot” kits illegal. Gun plans and molding materials for 3-D printers are also illegal, as is making a firearm with a 3-D printer if there is no serial number on the firearm.

“This rule clarifies that these kits qualify as ‘firearms’ under the Gun Control Act, and that commercial manufacturers of such kits must therefore become licensed and include serial numbers on the kits’ frame or receiver, and commercial sellers of these kits must become federally licensed and run background checks prior to a sale – just like they have to do with other commercially-made firearms,” the Biden Administration said.

The Justice Department will require federally licensed dealers and gunsmiths taking any unserialized firearm into inventory to serialize the weapon. If an individual builds a firearm at home and then sells it to a pawn broker or another federally licensed dealer, that dealer must put a serial number on the weapon before selling it to a customer, the administration said. The requirement applies to guns made from individual parts, kits, or 3-D printers.

Further, the new rule ensures that firearms with “split receivers” are subject to regulations requiring serial numbers and background checks when purchased from a licensed dealer, manufacturer, or importer.

In the past, ATF issued a regulation defining the frame or receiver of a firearm as the part that is regulated by the Gun Control Act.

“However, we have seen the increasing popularity of firearms using split or multi-part receivers that house key components in multiple structures,” the White House wrote on Monday.

“Some courts have recently interpreted decades-old regulatory text in a way that, if broadly applied, could mean that as many as 90 percent of firearms in the United States today would not have a frame or receiver subject to federal regulation. The final rule updates the regulatory definitions of ‘frame’ and ‘receiver’ to ensure that firearms using split or multi-part receivers continue to be covered by our common-sense gun laws,” the White House said. The rule is meant to get around these court rulings that protect citizens’ Second Amendment rights.

Additionally, all federally licensed firearms dealers will be required to retain key records until they shut down their business. When they shut that business down, they put transfer their records to the ATF. Previously, dealers were permitted to destroy most records after 20 years. According to ATF’s National Tracing Center, on average more than 1,300 firearms a year are untraceable because the federally licensed firearms dealer destroyed the relevant records that were more than 20 years old, the White House said.

President Biden’s fiscal year 2023 budget calls on Congress to deliver the funding needed to implement the president’s comprehensive strategy to seize guns from Americans and he said he will push to make gun manufacturers liable for crimes committed with the guns they sell.

48 COMMENTS

    • It’s not a law. The article clearly states that it’s a “rule”. So if a “rule” is violated, is it a crime?

    • Here is the (Iamnotalawyer) explanation of how it works.
      1. The statute is passed, it is specifically vague, but it does authorize (and fund) an agency to carry out the word and intent of the law.
      1a. Depending on the law and how it is written, certain specific definitions may be included, or left up to the created agency to define those terms.
      1b. ex: “A firearm is defined as…” may be in the law, or that may fall to the agency to provide that definition.
      2. The agency with jurisdiction (in this situation the ATF) then writes regulations explaining how they will carry out the law. (Rulemaking). Those regulations may contain more specific definitions of the terms used.
      2a. As long as the more specific definition does not conflict or negate the one in the statute, the regulation is allowable.
      .
      In this situation, the ATF has altered their regulations (rulemaking) to further define a firearm beyond that written into the law. And, that is perfectly allowable, as long as the two do not conflict, AND, the agency has the authority to further define the definitions.
      .
      So, schoolhouse rock did not lie to you at all. They just did not explain the hierarchy of statute leading to regulations leading to policy/implementation.

    • Our Constitution CAN NOT be changed by ANY Executive Order, new law, or wave of the hand.

      The 2nd Amendment does not state what constitutes a gun, and no individual, more especially a POTUS leaving office soon, will implement a Constitutional change by fiat of ANY kind.

  1. Whenever I read this “…covered by our common-sense gun laws,” I know there is no sense in the law, common or otherwise.
    .
    On another note.
    .
    Notice how this administration is pushing for lax drug laws, while at the same time trying to destroy the ability of individuals to own firearms? Me too. It is what tyrants do.
    .
    Drugs are a way for the government to make the people easier to control.
    Guns are a way for the people to control the government.

  2. Wonder how many Americans,
    .
    when they think about what President Biden allows to swarm over what was America’s southern border and infect our country,
    .
    give not even a microscopic damn about his new “rule”.
    .
    President Biden can’t seem to make a rule that stops fentanyl, child, gun, and gangbanger imports over America’s southern border
    .
    … so Americans might be forgiven for not getting particularly excited about his new “rule”.

    • no one is importing guns across the Mexican or Canadian borders into the US.

      the guns go out, not in, as those countries have much more strict gun laws

      • More laws against guns, we need more laws against guns……And yet guns still find their way into those strict gun law countries. Go figure…..

      • Going to disagree with you there Pablo.
        .
        If there are guns sneaking across the border into Mexico, it is generally individuals seeking protection, not cartels. The drug cartels/gangs can get any number of firearms from overseas (yes, they will smuggle them into the country… curious how criminals will not pay attention to the country’s laws) for significantly less than it would cost to get them in the US. A fully automatic AK-47 can set the drug cartel back all of $75 if purchased in bulk from a smuggler. Why buy a gun in the US for five times that much?

      • The “Global Study on Firearms Trafficking 2020” published by the United Nations Office of Drugs and Crime apparently differs.

  3. A lot of good this will do. Even when felons are caught with stolen guns after committing yet another murder, they’re released by the Gascon types, ala Smiley Martin.

  4. Won’t survive a court challenge. Assuming it doesn’t go to court here1our courts ignore the Constitution.

    Problem is the damage it could do in the between time.

    I used to think Grandpa was just senile and determined to make a name for himself. I now believe he (or more correctly) or whoever runs him -can you say Obama!- are determined to bring us into a full on civil war.

  5. More radical leftist insanity, believing simply that waving their hand and uttering “So let it be written, so let it be done” will change reality. I hope that this measure, if even upheld by the Supreme Court, will be flagrantly flaunted and that even MORE homemade guns will be produced!
    .
    It is every man’s right, and duty, to refuse to comply with unjust laws.

    • There are WAY too many guns in America Mr Jefferson. This decision by Biden is a start towards community safety.

      • Has kept our country free for over 200 years, well except the current open border policy under Brandon.

      • What difference does the number of guns make?
        .
        I can own one gun, or a thousand. If I, a responsible and law abiding citizen, use those 1,000+ guns in a law abiding and responsible manner, how does that effect community safety in any way?
        .
        Please explain how restricting the ability of law abiding individuals to possess and use firearms in a responsible manner improves community safety.

      • How does this make the community safer?
        Changing the rules to take guns of the street by itself does nothing, since only law-abiding individuals would comply. Criminals by definition do not abide by the law. Instead more policing, prompt prosecution and mandatory sentences taking criminals off the street and keeping them in jail, will go a long way to restoring peace in our communities.
        Somebody once pointed out that the rights you have are only those you can defend.
        While the previous occupant of the office has been called a dictator, tyrant and worse, the current seat warmer has used his executive privilege to rule by fiat. He is imposing his (or his handlers) will, ignoring the other branches of government, charged with making laws and representing the people, defacto becoming the true ruler and tyrant.

      • No, AZ, there are not ENOUGH guns in the USA (not “America”).
        .
        If you do not own a gun, and know how to use it, you are a traitor to this nation and all that it has stood for.

          • Actually, in leftist extremist Unicorntopia, fatties are beautiful, and a body shape to aspire to. If you do not find morbidly obese individuals attractive you are a bigot. Celebrate obesity! CELEBRATE!

      • Ukraine would like a word with you.
        Democrats to Americans- GuNs ArE BaD!
        Democrats on Ukraine handing out 10,000 automatic rifles to civilians- YAY!

        Hypocritical much..?

      • Correction: There are way too many criminals and criminal coddling politicians and bureaucrats. You could also help keep yourself safer by putting a sign in your front yard that states your opposition to firearm ownership.

  6. The real “Ghost Guns” are those firearms made abroad (Philippines and other Indonesian nations) and smuggled here in containers. These containers come through busy ports such as Long Beach, CA. Organized crime and gangs use these for several nefarious acts and then send them south of the border. I’m sure many are coming back through our unsecured border. Laws are only obeyed by law abiding citizens, criminals will always have guns which I believe is the goal here.

  7. NOW is the time to have our elected officials stand up to the federal government! Many Alaska officials say Alaska is a Second Amendment Sanctuary State. Alaska statutes specifically allow Alaskans to manufacture their own guns, and provide that so long as those guns are not sold across state lines there is no federal jurisdiction. Alaska copied Montana law in 2010, I think. All federal regulation of Alaska gun owners relies upon the concept that because the feds can regulate interstate commerce they can regulate guns and gun owners in Alaska. We need to hear from elected officials now.

  8. Years ago I worked with a fellow machinist who escaped from Czechoslovakia. One of the first things he did when he got a job in The States was build a .38 from scratch. I asked him why and he said “Because I can”.

  9. GHOST guns. Scary, huh?

    Just like “assault” weapons. Evil black rifles.

    Nonsense bullshit from the nonsense, demented, resident Biden.

    • Damn straight; complete nonsense. To everyone else here’s the straight skinny on what the industry calls “80% lowers” which are essentially the frame portion of the pistol. No internal parts of any sort (not even a trigger) and no slide (or barrel) for the top of the pistol.

      Much like going to the local car dealer for a new vehicle you have choice…

      – You can go to the dealership floor and buy a new car from a salesman, or

      – You can go to the parts counter and order one of each and assemble your own.

      One method costs significantly more and is only done by hobbyists that see value in understanding the inner workings. There’s a huge difference in someone that pays serious money to go to armorer’s class and then pays too much for a pile of parts only for the pleasure of having assembled one as opposed to the guy that pays 10% of that cost for a stolen pistol so he can shoot other miscreants much like himself.

      This is junk legislation that will help no one.

  10. We have been getting closer to a tyrannical federal government for a long time. Between the feds and the internet masters, we have lost the 1st and 2nd amendments, and the 4th as well. As soon as they complete the ways they can grab our remaining guns, they will then be able to control us, make us take their mandated drugs, and tell us when to work, and when to die. I was born in a country called the USA where we could come and go as we pleased, with no national ID cards required, and no monitors looking at our every move, word, and dress, but that country has passed on into oblivion.

  11. Quick question for anyone in law enforcement:
    How many crimes are solved by tracing the serial number on a gun?
    .
    Asking for a friend.

  12. Really? And how many guns would allow America to be “safe?” And how do you define “safe?” Because it sounds to me like your vision of “safe” means “removing the ability for honest, law-abiding citizens to protect themselves and their loved ones from those who would seek to do them harm,” which does not seem very “safe” to me. A quick Google search tells me that in 2021, a gun was used in self-defense 1.67 million times in 2021. Disarming Americans in 2020 would have created 1.67 million new victims in 2021! Seems pretty “safe” to me! Okay, I can hear your objection now: “If there were no guns, there would have been less crime!” Eh, no. Real-world experience in places where guns have been banned shows that the crime rates actually go *UP* when the authorities de-claw honest citizens. For that matter, look how effective the war on drugs has been. Alaska’s current opiod crisis should be enough to prove that outlawing a desired commodity cannot ever guarantee that bad guys will no longer have access to the banned item. Criminals, by definition, don’t care what the law says. Consequently, gun laws only serve to remove guns from those who *AREN’T. THE. PROBLEM.* That’s like taking your car away because *SOMEONE ELSE* drove while intoxicated. I’ll keep my gun(s?), thank you very much.

    • Restrictive gun control laws basically say:
      “You, a law abiding and responsible person, should not be allowed to own and responsibly use a gun because someone you have never met, might, use a similar item in an irresponsible manner.”
      .
      Guilty until proven innocent.

  13. More gun control by the idiot who gave the Taliban terrorists $85 billion in real assault rifles and other weapons of war? And now he wants to keep guns away from us? Typical hypocrisy from the Demoncrats!

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