A ghost gun is a term for a privately-made firearm that lacks commercial serial numbers or other identifying marks. The term is used mostly in the United States by gun control advocates, gun rights advocates, law enforcement, and some in the firearm industry. By making guns themselves, owners are usually not subject to federal or state commercial background check regulations.
Production
Under U.S. federal law, the creation and possession of firearms for non-commercial purposes has always been legal. In contrast, firearms for sale or distribution require a federal license for their manufacture, and must bear unique serial numbers. A firearm receiver, which under US law is most often the part legally considered to be a "firearm," can be completed from raw material, an "unfinished receiver," or a so-called “80% receiver," the last of these being a non-legal term the ATF does not recognize. While some states have passed laws restricting the creation of ghost guns, in most states unfinished receivers are sold without the requirement of federal or state background checks. Finishing work on these receivers may be performed with machine tools, the common drill press, or hand-held tools like the Dremel. Companies sell kits that include drill bits, stencils, and jigs to aid the process, but proficiency with tools is usually required. It has always been possible to make firearms from raw materials, and more recently it has become popular to produce receivers from plastic with a 3D printer, though the variety of materials and methods used to create these produce receivers of greatly varying quality. The most popular machine tool for completing 80% receivers is a CNC mill by Defense Distributed called the "Ghost Gunner," which is optimized for completing aluminum and steel unfinished receivers. Some AR-15-style firearms are made as ghost guns. AR-15s are modular firearms, and maker's marks are usually applied to the lower receiver, which houses the trigger group. A person with an AR-15 lower receiver can assemble a complete weapon using widely available components, such as barrels, stocks, magazines, and upper receivers. Pistols and AK-47-style semi-automatic rifles are also made as ghost guns. In some countries unmarked firearms were and are made, with production centered on China, the Khyber Pass area and the Philippines; the Philippines are especially known for.45 caliber semi-automatic pistols.
Political issues
Due to their lack of serial numbers, tracing ghost guns in crimes can be harder than tracing commercial weapons. There are no manufacturer or sales records to check; local law enforcement officers often cannot even attempt to trace ghost guns. California, especially Sacramento, has been a hub of ghost gun production. The ATF speculated in 2014 that there are tens of thousands of ghost guns in California alone. Four noted crimes in California were committed with ghost guns: a murder-suicide involving college students in Walnut Creek, a shootout between hostage-taking bank robbers and Stockton police officers, a mass shooting at Santa Monica College in 2013 by a student who was prohibited from owning a gun, and a shooting spree at Rancho Tehama Reserve in 2017 by a man who was served a restraining order that barred him from possessing guns. In addition to the manufacture of ghost guns for criminal purposes, there are people who support the principle, including gun rights activists and anarchists. They say that making weapons is the right of every American, and maintains the privacy of gun owners. Individuals have organized "build parties" where equipment and expertise are shared to help create ghost guns. Advocates say that ghost guns are rarely used in crime despite widespread ownership. Gun rights advocates and law enforcement say that, because of the cost and effort needed to create ghost guns, criminals are more likely to use commercial weapons instead. U.S. shipping companies Federal Express and United Parcel Service have refused to transport Ghost Gunner branded computer numerical controlmilling machines.
Relevant legislation
United States federal law
Under U.S. federal law making and owning a ghost gun is allowed, assuming that no other impediments exist. Some U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives officials characterize this as a loophole. The U.S. State Department has sued to take computer files to control 3D-printers off the internet under the grounds their publication constituted export of a munition under the International Traffic in Arms Regulations. With a legal case pending United States Supreme Court action, Defense Distributed removed the files, but the censored blueprints remain accessible via The Pirate Bay's "Physibles" section and other sites. The U.S. Federal Bureau of Investigation reported in 2013 that it had seized hundreds of ghost guns, including a machine gun, and unregistered silencers. The FBI does not generally track the use of homemade firearms. ATF agents say that ghost guns are sold at a US$1,000 premium due to being untraceable. According to the ATF there was a run on the sales of assault rifles following the Sandy Hook Elementary School shooting in 2012, due to gun enthusiasts' fear of their being banned. Many people were selling ghost guns, illegally, In a 2014 raid of Ares Armor, the Bureau of Alcohol, Tobacco, and Firearms confiscated 6,000 receiver blanks which they said were too close to finished units. After a lawsuit, all but 18 of the seized receivers were returned and placed for sale to purchasers in 47 states. In a similar case, EG Armory of California was raided, but agreed to forfeit 3800 lower receivers without admission of any wrongdoing. In Sacramento the owner of C&G Tool Inc. pled guilty to illegal manufacture of firearms. Prosecutors argued that he "advertised his shop as a place where people could make guns in 20 minutes by pressing a few buttons on a computerized machine", rejecting his position that buyers created their own guns.
California
In 2014, California attempted to enact a law to require serial numbers on unfinished receivers and all other firearms, including antique guns, but it was vetoed by the governor. However, in 2016, it passed a measure requiring anyone planning to build a homemade firearm to obtain a serial number from the state and pass a background check. From July 1, 2024, "firearm precursor parts" may only be sold through a licensed dealer.
S2465, enacted in November 2018, prohibits the manufacture and sale of guns or parts that are or can become an untraceable firearm. Multiple arrests were made within months of this law going into effect. Attorney General Gurbir Grewal aggressively prosecuted infractions of this law. New Jersey filed a lawsuit against U.S. Patriot Armory, a company that allegedly sold AR-15 build kits to NJ residents. On July 2019, S3897 was enacted, which criminalizes transferring or possessing unserialized firearms.
New York
In 2015, during the state of New York's first prosecution for sale of ghost guns, Attorney General Eric Schneiderman said that it was "easy" for "criminals to make completely untraceable, military-grade firearms." In 2019, New York passed a law to prohibit the making, selling, transporting or possessing 3-D-printed guns or other undetectable firearms.
As of April 2020, there exists at least two separate bills which aim to control the distribution of firearm kits as well as 3D printed weapons in the Commonwealth. Bill H.3843 "An Act relative to ghost guns" - Presented by Marjorie C. Decker of 25th Middlesex district. Bill S.2649"An Act relative to 3D printed weapons and “ghost guns” - Presented by Michael J. Barrett of 3rd Middlesex district. At this time both above bills have been deferred to the Committee of Ways and Means in the Senate and House respectively.
