A ghost gun refers to a firearm that lacks commercial serial numbers or any other marks to identify the manufacturer or initial seller of the weapon. Ghost guns are often assembled from parts and kits that can be purchased without a background check, allowing people otherwise prohibited from having guns to obtain them without detection by authorities.
What are the main features of a ghost gun?
The main features of a ghost gun are:
- Lack of serial number – Ghost guns do not have serialized frames or receivers that would allow tracing of the firearm.
- Purchase without background check – The parts and kits used to build ghost guns can be bought online or at gun shows without a background check.
- Unfinished frames and receivers – 80% complete lower receivers and frames that are not classified as firearms can be purchased and machined into working receivers.
- Home assembly – The parts kits contain the components needed to assemble a working firearm at home without specialized tools.
- Legal to own – While federally legal to own, ghost guns are illegal under some state laws because of the lack of serial numbers.
The absence of serial numbers and the ability to purchase gun parts without a background check make ghost guns appealing to people prohibited from buying guns like felons, domestic abusers, minors, and individuals with mental illness.
What are the most common methods for making ghost guns?
There are two main methods for making ghost guns at home:
1. Complete Gun Kits
Complete ghost gun kits contain all the necessary parts to assemble a fully operational firearm just like a finished gun you would buy at a store. The kits are available for handguns, rifles, and even AR-15s. The parts usually require only simple hand tools to put together following included assembly instructions. Machining or modifying of parts is not necessary with complete pre-made kits.
2. 80% Receivers and Frames
80% complete receivers and frames are partially finished, but lack the final machining that legally constitutes a firearm. The unfinished 80% receivers do not have serial numbers and can be bought without a background check since they are not designated as guns. An 80% frame or receiver can be finished using jigs, drill press or CNC tools to create a functioning firearm receiver.
Can you legally buy a ghost gun kit without a background check?
Federally, you can legally purchase a ghost gun kit without a background check, as unfinished 80% receivers and frames are not classified as firearms. However, some states such as California, New Jersey, New York, Rhode Island, Connecticut and others have passed laws requiring background checks, registration, or banning ghost gun sales entirely.
It is important to check local state laws before purchasing a ghost gun kit. While legal at the federal level, state and local ghost gun laws may prohibit their sale and ownership.
Are ghost guns illegal?
Ghost guns currently fall into a gray area of the law. Federally they are legal to own and purchase, even without background checks in most states. However, some states have imposed much stricter laws on ghost guns, banning them entirely or requiring serialization and background checks to purchase.
Even in states where legal to own, it is illegal to ever sell or transfer a ghost gun. Federal law requires all guns manufactured or sold by an FFL dealer to have serial numbers and proper identification markings.
Additionally, people legally prohibited from purchasing firearms – like felons, domestic abusers, drug addicts, minors etc. – are not allowed to purchase or possess ghost guns just like any other firearm.
Can you conceal carry a ghost gun?
Whether or not you can legally conceal carry a ghost gun depends on state laws. Some states allow permitted concealed carry of firearms including ghost guns. However, other states require all conceal carried weapons to be registered, which is impossible to do with an unserialized ghost gun.
It is best to check your state and local laws to determine if carrying a concealed ghost gun is legal in your area. Even if allowed, untraceable ghost guns are generally not recommended for self-defense purposes since they cannot be linked back to the owner if used legally.
Can police trace ghost guns?
Law enforcement cannot reliably trace ghost guns back to the original purchaser or owner due to the lack of serial numbers. Ghost guns provide complete anonymity that allows criminals and other prohibited people to avoid detection when using the weapons illegally.
Attempts can be made to forensically match ghost gun parts to the kits they came from or trace the parts purchases. However, this process is highly unreliable, expensive, and prohibitively time consuming for most police departments.
The untraceable nature of ghost guns is one of the key concerns law enforcement has over their legality and proliferation.
Are there any federal laws regulating ghost guns?
Currently there are no specific federal laws regulating or banning ghost guns. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) does not classify unfinished 80% receivers and frames as firearms.
However, federal law does require all firearms manufactured and sold by FFL dealers to have serial numbers and identifiable markings. Only individual states have passed specific laws addressing ghost guns.
The ATF under the Biden administration has proposed new federal rules to crackdown on ghost guns, but they have not yet taken effect.
What states have banned or restricted ghost guns?
Here are some of the states that have enacted laws regulating or banning the purchase and possession of ghost guns:
California
- Require serial numbers and background checks for purchasing gun parts kits
- Ban manufacturing firearms without serial numbers
- Require registration of existing ghost guns
New York
- Ban sale and possession of ghost gun components
- Require all ghost guns to be registered
New Jersey
- Ban purchasing frames and receivers without serial numbers
- Ban manufacturing firearms without a serial number
- Require registration of existing ghost guns
Rhode Island
- Ban manufacturing firearms without a serial number
- Ban possession and sale of ghost guns
Connecticut
- Require serial numbers, background checks, and registration for 3D printed guns and unfinished frames and receivers
- Ban distribution of ghost gun schematics and code
Other states like Hawaii, Washington, Maryland, Delaware, Illinois, and Massachusetts also have restrictions on ghost guns to various extents.
How many crimes involve ghost guns?
The exact number of crimes involving ghost guns is unknown due to the lack of required reporting and tracing. However, law enforcement agencies across the country have reported recovering increasing numbers of ghost guns over the past several years.
For example, according to ATF data, about 325 homicide and attempted homicide cases involving ghost guns were submitted to the agency for tracing in 2021. This is a tenfold increase from the year before.
Additionally, ghost guns make up a growing proportion of firearms recovered by police in some areas. In Washington D.C., ghost guns accounted for 11% of all guns recovered by police in 2019, rising to 18% in 2020.
Police chiefs and prosecutors nationwide have highlighted ghost guns as an emerging public safety issue, but comprehensive data remains limited.
Are 3D printed guns considered ghost guns?
Yes, 3D printed guns fall under the definition of ghost guns. The 3D printing process means these homemade guns lack serial numbers or any other markings since they are produced outside of established manufacturers and dealers.
Someone with access to a 3D printer can download or create digital schematics to print fully functional guns like handguns. The printed plastic guns can fire real bullets just as deadly as traditional firearms.
3D printed guns provide an easy route around gun laws and regulations since they can be made anonymously without background checks or paper trails tracing them back to an owner. From a legal standpoint they are treated identically to 80% receivers and frames.
What countries have banned ghost guns?
Most other developed countries heavily restrict civilian firearm ownership let alone unserialized DIY guns, but here are some examples of places that specifically regulate ghost guns:
- Australia – Possession or manufacturing of a gun without a serial number carries criminal penalties up to 14 years in prison.
- United Kingdom – Requires all firearms to be registered and bans private manufacturing of guns. Violators face strict penalties.
- Canada – Recently proposed legislation to require serialization and regulate 3D printed guns and receivers.
- European Union – The EU Firearms Directive requires all firearms to be marked at the time of manufacture for tracing.
- New Zealand – Strict licensing requirements makes building unregistered ghost guns largely illegal already.
The United States remains an outlier in allowing widespread sale of ghost gun parts and unregulated private firearm manufacturing.
Should ghost guns be regulated like firearms in the US?
There are reasonable arguments on both sides of whether ghost guns should be regulated like commercial firearms:
Arguments For Regulation
- Would help prevent guns getting in the wrong hands
- Make it easier to trace guns used in crimes
- Aligns with regulations on commercially sold guns
- Could reduce gun trafficking, violence, and suicide
Arguments Against Regulation
- Difficult to enforce in practice
- Hurts hobbyists and 3D printing innovation
- Criminals would just ignore new laws
- Regulations could lead to a slippery slope of excessive restrictions
There are good faith arguments on both sides. Overall, requiring serial numbers could increase public safety without necessarily restricting legal ownership rights.
Conclusion
Ghost guns exist in a legal gray area that allows prohibited possessors to obtain firearms without background checks or tracing. Lack of serial numbers makes ghost guns virtually impossible for law enforcement to track if used criminally.
But regulating ghost guns at the federal level raises complex issues balancing public safety, responsible gun ownership, innovation, and personal liberties. The optimal path forward is not always clear cut.
While total bans may go too far, requiring serialization, background checks, and limiting the most dangerous DIY kits may be prudent compromises. As ghost gun prevalence increases, lawmakers will continue wrestling with appropriate ways to regulate without overstepping reasonable bounds.