On August 24, the Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) new rule on the “Definition of ‘Frame or Receiver’ and Identification of Firearms” went into effect.
The rule addresses the recent increase of privately made, unserialized firearms or “ghost guns” by expanding existing firearms regulations to address ghost guns, including mandating background checks before the sale of a firearm kit. The ATF now also requires manufacturers and dealers of firearms to ensure serial numbers are included on all frames and receivers.
Since the rule was published in April, two federal judges declined requests for injunctions in North Dakota and Texas. Both judges agreed it is within the ATF’s jurisdiction to regulate ghost guns under the definition of a “framer or receiver” and that the new rule is constitutional under the Second Amendment.
The ABA submitted comments supporting the proposed rule in August 2021. Then-ABA President Patricia Lee Refo highlighted the proliferation in the use of ghost guns between 2016 and 2020.
An April 2022 Washington Letter article further explains the new rule and the ABA’s policy supporting gun violence prevention strategies that respect the Second Amendment.