Administration Cracks Down on Ghost Guns, Biden Announces ATF Nominee
President Joe Biden announced a final rule imposing new restrictions on homemade firearms known as "ghost guns" on Monday, as well as a new nominee to lead the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Steve Dettelbach. Vice President Kamala Harris, Deputy Attorney General (DAG) Lisa Monaco, and various stakeholders attended the Rose Garden ceremony.
As DAG Monaco explained, ghost guns come from kits individuals can purchase online and assemble at home to circumvent background checks. These guns often do not have serial numbers attached to the weapons. President Biden stressed how easy these are to assemble during this remarks, noting that assembling one did not require a degree in mechanical engineering, only some basic tools and the ability to put round pegs into round holes.
Ghost guns therefore present a challenge for law enforcement. Without serial numbers or background checks, investigators cannot track the owner or perpetrator of the weapon. In 2021, ATF revealed that law enforcement recovered approximately 20,000 ghost guns during criminal investigations—a tenfold increase over 2016.
As part of the new rule (2021R-05F), background checks must be performed on people who purchase firearm parts, and each piece must display a serial number. In addition to the rule, President Biden encouraged Congress to legislate universal background checks, stressing that such regulations are not extreme, but "basic common sense."
“These guns are the weapons of choice for many criminals. We are going to do everything we can to deprive them of that choice,” stated President Biden.
The Federal Law Enforcement Officers Association (FLEOA) was among stakeholders invited to the ceremony. FLEOA National President Larry Cosme thanked the White House for the invitation and the administration’s focus on combating gun violence.
“The White House properly acknowledges that various outdated laws and policies have hampered law enforcement capacity to combat gun violence,” stated Cosme, “A criminal should not be able to skirt federal licensing and background checks simply by purchasing a 3D printer. Law enforcement must be able to identify and combat these weapons.”
During the event, President Biden also nominated former U.S. Attorney Steve Dettelbach to serve as Director of ATF. ATD has lacked a Senate-confirmed director since 2015.
“As we emerge from this pandemic, we’ve got to recognize that many Americans still face fear and isolation not because of a virus, but because of an epidemic of firearms violence. It’s not a new problem, and it has many causes,” stated Dettelbach, “That’s why it’s going to take an all-hands-on-deck-partnership approach to address that issue. And the ATF will be there.”
The announcement comes nearly one year to the day since President Biden first announced a proposed ghost guns rule and the nomination of another nominee to serve as ATF director. President Biden’s initial nominee was 25-year ATF veteran David Chipman. In September, the White House withdrew Chipman's nomination, attributing the setback to lobbying from gun rights advocates.
Chipman serves as a senior policy adviser at Giffords, a nonprofit organization dedicated to reducing gun violence. The organization is named for former Rep. Gabrielle Giffords (D-AZ), who was shot in a 2011 assassination attempt. While speaking on the Senate Floor, Senate Minority Leader Mitch McConnell (R-KY) asserted Chipman's position made him to a foe of the Second Amendment.
Several Republican-appointed Justice Department officials announced their support for Dettelbach on Monday, including former Deputy Attorney General Rod Rosenstein and former Assistant Attorney General for National Security Kenneth Wainstein.
"[Dettelbach] has devoted his career to public service, establishing himself as a leader with a reputation for building and leading strong law enforcement partnerships, for acting with absolute professionalism and without regard to politics or partisanship, and for always giving his all to fight crime and protect victims," Wainstein stated.
FLEOA noted that no agency should remain without Senate-confirmed leadership for seven years as the ATF has and expressed a desire to meet with Dettelbach.
“We appreciate Dettelbach’s long career as a DOJ prosecutor and U.S. Attorney. He has a record of bipartisan support and has worked with law enforcement on complex cases,” concluded Cosme, “We are eager to meet with Dettelbach to understand his vision for reducing violent crime, combatting illegal firearm use, and working with law enforcement stakeholders.”
Second Amendment advocates have already expressed reservations about Dettelbach’s nomination.
"I have deep concerns with the radical direction the ATF has been taking over the past 16 months, including an obvious and growing hostility toward Second Amendment rights," Senator Ted Cruz (R-TX) stated, "I’ll need to hear Mr. Dettelbach’s views on this issue in considerable detail."