NYT.

The Biden administration is closing a major loophole in a new federal rule intended to regulate the sale of pistol parts that can readily be turned into untraceable homemade firearms, in an aggressive expansion of its crackdown on so-called ghost guns.

On Tuesday, the Bureau of Alcohol, Tobacco, Firearms and Explosives directed vendors who sell partially finished frames of Glock-style handguns — the pistol grip and firing mechanism — to treat them like fully completed firearms, which are subject to federal regulations. The move, outlined in an open letter to federally licensed gun dealers, requires sellers to mark the parts with serial numbers, and for buyers to undergo criminal background checks.

The guidance could severely restrict the sale of unregulated and untraceable “80 percent” frames and receivers that have been linked to thousands of crimes, a top goal of the gun control movement. Such parts only require simple alterations to become operational.

The move, should it survive likely legal challenges from gun rights groups, would be among the most significant executive actions President Biden has taken to fulfill his campaign promise to stem the scourge of handgun violence, an effort highlighted by the passage of a bipartisan gun deal in June.

But federal officials told The New York Times earlier this month that the leadership of A.T.F. had done little to stop retailers from continuing to sell the unfinished, unregulated frames, outside of the kits.

A.T.F. officials said that they had been simply weighing various legal approaches before issuing their guidance on handguns. But they were also clearly under pressure to toughen the policy, and have spent the past few weeks working on the new guidance in conjunction with senior lawyers at the Justice Department and White House officials, according to three administration officials familiar with the situation.

Under the new guidance, vendors and manufacturers who fail to comply with the technical requirements outlined in the letter would face penalties ranging from the possible loss of their federal licenses to criminal prosecution.

Yet the move, which the Justice Department described as a clarification of the regulation, is not without risk. Because the rule was created through executive action, rather than a statute validated by Congress, it has given companies confidence that they can keep selling individual gun parts.

Administration officials, speaking on condition of anonymity because they were not authorized to publicly discuss possible litigation, said the new guidance would almost certainly be challenged in federal court on the grounds that it violates the Gun Control Act of 1968, which allows people to build firearms for their personal use without submitting to background checks or applying serial numbers.

Isn’t it a hoot how, when a regulation, law, or lack of regulation or law, doesn’t do exactly what some controller – rulemaker wants it to do, it’s considered a “loophole?”

Biden is just doing what Trump did in his precedent-setting move to ban bump stocks by rulemaking rather than forcing the Congress to do their job.

Biden’s plan may in fact suffer from an even further weakness, i.e., it explicitly contradicts another law.

How sweet.  Queue up the popcorn – the court cases will prove to be numerous and amusing.