Rep. Massie cites Constitution to slam Biden's upcoming 'ghost gun' rule: 'Congress makes laws'

Biden administration to crackdown on ‘ghost guns’

Fox News contributor David Webb torches the Biden administration for going after guns instead of liberal policies which he argues have lead to rise in crime across the U.S.

Rep. Thomas Massie and Second Amendment advocates are pushing back against the Biden administration’s upcoming rule on “ghost guns,” characterizing the rule to rein in privately made firearms without serial numbers as unconstitutional.

“The Constitution does not authorize the federal government to prevent you from making your own firearm. This a fact that has been recognized for 200+ years. Also, Article 1, Section 1 (literally the first operative sentence in the Constitution) says Congress makes law, not POTUS!” Rep. Thomas Massie tweeted Sunday. 

Biden will nominate Steve Dettelbach, an Obama-era former U.S. attorney from Ohio, as his nominee to lead the Bureau of Alcohol, Tobacco, Firearms and Explosives on Monday, according to senior administration officials. The president will also deliver remarks from the Rose Garden on measures his administration is taking on gun control and cracking down on “ghost guns,” which are privately made and don’t have serial numbers. 

FILE PHOTO: U.S. President Joe Biden delivers remarks on the administration’s coronavirus disease (COVID-19) surge response in the South Court Auditorium at the White House in Washington, U.S., January 13, 2022. REUTERS/Kevin Lamarque/File Photo

The Biden administration plans to reclassify gun kits to qualify as firearms under the Gun Control Act, requiring manufacturers to be licensed and include serial numbers on the kits. Commercial sellers will also be required to run background checks before sales of the kits, according to senior administration officials. 

FRANKFORT, KY – JANUARY 31: Rep Thomas Massie (R-KY) draws a Ruger LCP handgun from his pocket during a rally in support of the Second Amendment on January 31, 2020 in Frankfort, Kentucky. Advocates from across the state gathered at the Kentucky Capitol in support of the Second Amendment. The rally will include speeches from Rep. Thomas Massie (R-KY) and former Washington, D.C. Special Police Officer, Dick Heller. 
(Bryan Woolston/Getty Images)

Second Amendment advocates and conservatives sounded off that Massie is “spot on” with his criticisms.

The White House did not immediately respond to Fox News Digital’s request for comment on the resistance. 

The rule has been making its way through the federal regulation process for nearly a year, with gun safety groups and Democrats in Congress pushing for the Justice Department to finish the rule for months. 

Senate Majority Leader Chuck Schumer, D-N.Y., responds to questions from reporters during a press conference regarding the Democratic party’s shift to focus on voting rights at the Capitol in Washington, Tuesday, Jan. 18, 2022. (AP Photo/Amanda Andrade-Rhoades)
(AP Photo/Amanda Andrade-Rhoades)

“It’s high time for a ghost gun exorcism before the proliferation peaks and before more people get hurt — or worse,” Sen. Chuck Schumer said in a statement Sunday. “My message is a simple one: No more waiting on these proposed federal rules.” Ghost guns are “too easy to build, too hard to trace and too dangerous to ignore.”

The rule is anticipated to draw litigation in the coming weeks amid resistance from Second Amendment groups. 

The Associated Press contributed to this report.

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