In a Monday letter to Dettelbach, Jordan accused the ATF of ignoring or failing to sufficiently respond to Jordan’s past requests for documents and information about the bureau’s efforts to regulate firearms through the rulemaking process.
The ghost gun policy clarifies that the kits qualify as “firearms” under the Gun Control Act, and that commercial manufacturers of the kits must become licensed and include serial numbers on the kits’ frame or receiver. Commercial sellers of the kits must become federally licensed and run background checks prior to a sale, as they must do with other commercially-made firearms.
Jordan says the ghost gun rule “goes well beyond the authority granted to the agency in any applicable federal statutes,” and expands the legal definition of a firearm beyond what Congress intended. A prior letter from Jordan to ATF declared the rule “appears to be a deliberate attempt to usurp the authority of Congress,” and said it unconstitutionally infringes “on American citizens’ fundamental Second Amendment rights and privacy rights under the Fourth Amendment.
“Companies now sell accessories that make it easy for people to convert pistols into these more dangerous weapons without going through the statute’s background check and registration requirements,” the Justice Department said in announcing the new rules. “These requirements are important public safety measures because they regulate the transfer of these dangerous weapons and help ensure they do not end up in the wrong hands.
“Through its proposed rule, ATF seeks to subject stabilizing braces to GCA criminal penalties and NFA regulation without Congressional prohibition of the underlying activity,” Jordan said in a prior letter to ATF.
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