Is it illegal to own a ghost gun?
The answer is not a simple one, as the legality of ghost guns, also known as DIY firearms or privately-made firearms, varies by state and country. Before we dive into the intricacies of ghost gun legality, it’s essential to understand what a ghost gun is.
A ghost gun is an untraceable, non-serialized firearm built entirely from individual components, excluding commercial or serialized frames and receivers. These firearms are often assembled from parts obtained legally, such as by visiting a gun show, browsing online marketplaces, or purchasing at a firearms dealer. Ghost guns are often marketed as a way for enthusiasts and hobbyists to modify their existing firearms or create entirely new ones without going through the usual legal process.
Federal Laws regarding Ghost Guns
On January 26, 2019, the Federal Law enforcement agencies issued [FBI-01-R0800-02-FB001-3-C001] Memorandum Re: Reporting Requirements for Federal Firearms Licensed Dealers regarding Receipt and Disposition of Imported or Manufactured, Title I Firearms. This memo emphasized that fully functional, operable frames and receivers, along with unfinished parts, fall within the definition of Title I firearms, making it a legal requirement for gun shops to report these items sold.
However, there is no explicit law banning the possession, construction, or sale of ghost guns at the federal level. Instead, ghost guns are prohibited or restricted by various states.
State-by-State Legalities
• California: Prohibited (PC 30640(c) – Possess or construct an unregistered receiver or frame)
• Connecticut: Illegal without a license (CTGenStat§ 29-37(b) – Definitions – Firearms)
• Hawaii: Illegal to own or possess a private sale, including ghost guns (HRS 912-13 – Purchase or Possession of Firearm)
• Massachusetts: Prohibited without an FID card or tax stamp (M.G.L. c.140 §131F – License for firearms identification card holder)
In states where ghost guns are illegal:
- Penalties and Consequences: Those who own, possess, manufacture, or sell ghost guns without a license can face criminal charges, fines, and imprisonment.
- Enforcement: Local and state law enforcement agencies enforce ghost gun laws and laws prohibiting private sales.
- Background Checks: Depending on the state, owners may be required to pass a background check for legally-owned firearms.
In states where ghost guns are legal:
- Background Checks: Laws mandating background checks on individual component purchases are more permissive, and dealers might not report these sales to the ATF.
- Regulations: Ownership regulations and restrictions may apply only to certain components or complete firearms.
- ATF Reporting: Since background checks are not conducted at the time of individual part sales, these reports often are not made.
Private Sales and Untracked Firearm Components
Despite legal variations, ghost gun owners often purchase or modify parts through private sales. These transactions rarely require background checks or reports, allowing the untracked fire component to be a legitimate means for building an undetectable firearm. Some sources suggest that private sale loopholes account for over 80% of firearm transfers in the US, while official reports by Everytown for Gun Safety and Vera Institute of Justice hint at an even larger fraction.
Confronting the Unregulated Industry and Political Challenges
A majority of ghost guns evade legal tracing. Consequently, authorities face difficulty determining their origins, intended destinations, and criminal ownership networks. Laws regarding ghost guns are constantly evolving, and the debate between manufacturers, law enforcement agencies, and advocates for gun ownership control is ongoing. Efforts to reform, clarify, or repeal specific regulations and laws in jurisdictions will continue to create and adjust legal frameworks, posing new challenges for compliance, reporting, and control measures.
Conclusion
It is not a federal crime to own or manufacture a ghost gun in general. However, federal, state, or local laws might prohibit these specific actions, and consequences might arise for non-compliance. As the issue surrounding ghost guns continues to create a stir, regulatory landscapes shift, and legislative priorities are set.
Law-abiding citizens can now have more open legal pathways for acquiring firearms while maintaining public safety, allowing states to tailor and develop effective measures for firearms enforcement, regulation, and reform.
Remember: legal framework varies, and before acting on the legality of a particular component or complete ghost firearm, it is recommended to consult with authorized federal and state authorities as well as relevant laws, statues, and regulations.
Additional Resources:
For a more comprehensive review on the legality of ghost guns:
- ATF Memorandum: " Reporting Requirements for Federal Firearms Licensed Dealers regarding Receipt and Disposition of Imported or Manufactured, Title I Firearms"
- Legal Fact Sheet: Provided by Everytown for Gun Safety and the Law Center to Prevent Gun Violence
