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What is the new Biden ghost gun law?

A federal appeals court on Thursday ruled that the Biden administration lacked authority to adopt a regulation aimed at reining in privately made firearms called ghost guns that are difficult for law enforcement to trace.



As of early 2026, the landmark regulation targeting "ghost guns"—untraceable firearms without serial numbers—is fully in effect following a 2025 Supreme Court ruling that upheld the Biden administration’s 2022 rule. The law redefines "frames and receivers" as firearms under the Gun Control Act of 1968. This means that manufacturers and sellers of "buy-build-shoot" kits are now required to be federally licensed, conduct background checks on all purchasers, and laser-etch serial numbers onto the parts. The intent is to close the "loophole" that previously allowed individuals to buy untraceable gun parts online without oversight. For 2026, this remains a cornerstone of federal gun control efforts, aimed at reducing the proliferation of untraceable weapons found at crime scenes and ensuring that DIY firearms are subject to the same standards as commercially manufactured ones.

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On Jan. 13, 2023, Attorney General Merrick B. Garland signed ATF final rule 2021R-08F, “Factoring Criteria for Firearms with Attached 'Stabilizing Braces,'” amending the federal agency's regulation on pistol braces. The new regulation reclassified guns with stabilizing accessories as short-barreled rifles.

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Ghost guns are constructed by individuals using unfinished frames or receivers, the piece of the firearm that contains the operating parts of the firing mechanism, and which are the part of the gun regulated under federal law. However, when a frame or receiver is “unfinished” by a small fraction, it is unregulated.

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