ATF's Proposed Rules Threaten a Legal Mess but No End to Ghost Guns

Regulations might reshape DIY gun products, but they can’t eliminate the demand that created the industry.

There's little reason to expect the Bureau of Alcohol, Tobacco, Firearms and Explosives' (ATF) proposed "ghost gun" regulations to actually eliminate ghost guns. That doesn't mean that plans to regulate the market for 80 percent receivers and otherwise impose new red tape on gun users and makers won't have an impact—they will undoubtedly create headaches for many people. But it does mean that the vague verbiage in the proposed rules has a long way to go through a comment period, implementation efforts, and court challenges before we know what it means. And it certainly won't be the end of home-manufactured "ghost guns" no matter the advertising.

President Joe Biden entered the White House promising to toughen government restrictions on privately owned firearms, but most of his schemes require legislative action of the sort that's tough to get through a closely divided Congress. He can, though, revise administrative rules, such as those around the (legal) home manufacture of firearms (let Reason show you how!).

"The Justice Department, within 30 days, will issue a proposed rule to help stop the proliferation of 'ghost guns,'" the White House announced on April 7. "We are experiencing a growing problem: criminals are buying kits containing nearly all of the components and directions for finishing a firearm within as little as 30 minutes and using these firearms to commit crimes."

In fact, criminals, being criminals, have long armed themselves without regard for laws intended to restrict their activities. "An estimated 287,400 prisoners had possessed a firearm during their offense," the Bureau of Justice Statistics noted in 2016 after a survey of prison inmates. "Among these, more than half (56%) had either stolen it (6%), found it at the scene of the crime (7%), or obtained it off the street or from the underground market (43%). Most of the remainder (25%) had obtained it from a family member or friend, or as a gift. Seven percent had purchased it under their own name from a licensed firearm dealer."