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

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 (Reuters)


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. 

Thomas Massie

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)

"An administration that’s truly sincere and resolute about curbing violent crime rates would do one thing: take violent criminals off the streets immediately," the NRA's managing director of public affairs Andrew Arulanandam told Fox News Digital Monday when reached for comment on the matter. "Yet, the Biden administration allows these criminals who kill and maim with callous and reckless abandon, again and again, to roam the streets of Baltimore, Philadelphia, Chicago, New York, San Francisco and other cities large and small across our country without fear of prosecution and punishment."

Arulanandam said that Americans know "the lenient bail system and the revolving door justice system supported and perpetrated by the Biden administration and other leaders who support soft-on-criminal policies are the problem."

"However, today, the president unveils yet another hollow plan that will not stop this violence.  His gun control actions will undoubtedly hearten his wealthy gun control supporters. But, this action sends the wrong message to violent criminals, because this ‘ban’ will not affect them. These violent crime sprees will continue unabated until they are arrested, prosecuted and punished."  

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

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. 

"Ghost guns are the weapon of choice for criminals, gangs, and domestic abusers, because they’re easy to obtain and hard to trace when they’re used in a crime," Michael Gwin, a White House spokesperson, told Fox News Digital when approached for comment on resistance to the rule Monday morning. 

"That’s why law enforcement officials from coast to coast have identified ghost guns as a major threat to public safety and a driving force behind the surge in gun crime we see in our communities. Who in their right mind would oppose action to help keep these guns out of the hands of criminals and make it easier for law enforcement to find the shooters when they are used?"

Chuck Schumer

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.