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Congressional ______
Ghost Guns, Stabilizing Braces, and Red Flag
Laws: Overview of Recent Executive Actions
on Firearms
April 23, 2021
On April 8, 2021, in the wake of mass shootings in Georgia and Colorado, President Biden announced six
executive actions seeking to address gun violence. One of the actions makes changes to federal funding
streams across existing grant programs and seeks additional funding to promote investment in community
violence intervention programs-for example, programs that deploy trusted messengers [to] work
directly with individuals most likely to commit gun violence, intervene in conflicts, and connect people to
social and economic services to reduce the likelihood of gun violence as an answer. Two of the other
actions (1) direct the Department of Justice (DOJ) to issue a report on firearms trafficking, which has not
been undertaken since 2000, that is to be comprehensive and annually updated; and (2) announce the
President's nomination for Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
In addition to the actions mentioned above, the President's recent announcement signals three further
actions in areas of firearms regulation that have been of interest to Congress in recent years: (1) the
proliferation of so-called ghost guns; (2) the availability of handguns with stabilizing or arm braces;
and (3) the passage of red flag laws. This Sidebar provides a brief overview of, and legal context for,
the three announced actions in these areas, as the specifics of proposed regulatory actions are expected in
the coming months.
Ghost Guns
Under federal law, licensed manufacturers of firearms, i.e., persons or entities in the business of making
firearms for purposes of sale or distribution, are required to identify each firearm manufactured with a
serial number, which facilitates ATF's ability to trace them if lost or used in crime. However, this
requirement has created two legal spaces for firearms that can be made without affixing a serial number
or other identifying markings. These unmarked firearms, which are difficult to trace because of their lack
of identification, are sometimes referred to as ghost guns.
First, because only licensed manufacturers of firearms for purposes of sale or distribution are subject to
the identification requirement, unlicensed individuals who wish to make a firearm solely for personal use
Congressional Research Service
https://crsreports.congress.gov
LSB10592
CRS Legal Sidebar
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govedcd0001&div=1&collection=&method=preview&ext=.png&size=3)
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