March 2, 2021
| Over the course of last year’s Democratic Party Primary and the General Election, then-Candidate Biden unveiled a gun control agenda that ranged from “common-sense” initiatives to truly outlandish efforts such as banning all online sales of ammunition (if you missed it, you can read Renzulli Law Firm’s summary of the Biden agenda here).|
However, the Biden administration faces an evenly divided Senate and no realistic path to the 60 vote filibuster-proof majority that any gun control laws would require. As a result, President Biden is considering executive action to tackle “Ghost Guns.” President Biden reportedly wants to require background checks for the purchase of any “Ghost Guns.” It is unclear what form this requirement would take or how it could be enforced, particularly since the majority of “Ghost Guns” are manufactured by consumers who purchase component parts, often from different sources.
Executive actions focused on gun control are likely to draw legal challenges, and President Biden’s plans are further hampered by the fact that he has not nominated anyone to serve as director of the ATF.