In a recent legal battle that has ignited discussions about gun control and constitutional rights, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently secured the ability to continue enforcing its Final Rule 2021R-05F, a portion of which was aimed at controlling so-called “ghost guns” (i.e., firearms without serial numbers). These firearms often start as a kit previously determined by the ATF to fall outside government regulation. Their rise over the years have raised concerns among law enforcement agencies and policymakers due to their potential misuse by criminals. However, critics argue that the ATF’s regulatory measures infringe upon Second Amendment rights.

The ATF’s Final Rule issued on April 26, 2022, sought to address the growing concern surrounding “ghost guns” in addition to many other issues addressed in the Final Rule that have received less attention. Among its provisions, the rule mandates that certain components used to build firearms, even at home, be subject to background checks and serialization. By imposing these requirements, the ATF sought to ensure that these weapons can be tracked and regulated helping law enforcement to prevent their misuse.

Opponents of the regulation challenged its legality which led to a lower court issuing an injunction against enforcement of the Final Rule and prohibiting ATF from enforcing it. However, the ATF appealed to the Supreme Court to stay the decision of the lower court which the Supreme Court granted August 8, 2023. This means the ATF may continue to enforce the provisions of 2021R-05F.

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To learn more about ATF 2021R-05F click here or contact Orchid for information about our compliance services