Biden’s new restrictions on ‘ghost guns’ take effect after judge denies legal challenges

The Biden administration’s new regulations on so-called “ghost guns” is now in effect after a federal judge denied a request to delay the rules pending a legal challenge.

The judge in Fargo, North Dakota, rejected a request for injunctive relief in a GOP-backed lawsuit that sought to stop the White House from implementing the new restrictions.

Chief U.S. District Judge Peter Welte ruled that the rule “was and remains constitutional under the Second Amendment.”

“Without a doubt, this case presents divisive issues that all parties care about deeply and that are of national concern and importance, as demonstrated by the participation of nearly every state in this country in this action,” he wrote in a 27-page order Wednesday.

“Nevertheless, the court’s role and responsibility remains the same — to apply the law to the facts (and not the arguments or policy) of each case.

Under the new rules, ghost guns, which can be built from parts bought online or from 3D printers, will now be treated like other firearms sold in the U.S. Buyers now must undergo background checks before purchasing the components and federally licensed dealers that sell the kits must keep records of sales.

Attorney General Merrick Garland said the new rules will make it harder for criminals to obtain untraceable guns and help reduce the number of firearms on the nation’s streets.

“These guns have often been sold as build-your-own kits that contain all or almost all of the parts needed to quickly build an unmarked gun. And anyone could sell or buy these guns without a background check,” he said in a statement.

The Justice Department reported that it had recovered 19,300 homemade firearms in 2021, nearly five times the total from 2018.

The North Dakota lawsuit was filed by several plaintiffs including a gun shop owner, a group of Republican attorneys general, and the gun-rights group Gun Owners of America. They argued in their lawsuit that the new rules “violates principles of federalism” and “will sow chaos within large segments of the firearms community.”