Can You Legally Possess a Ghost?
Federal law does not impose criminal penalties for possessing a ghost gun. However, 18 U.S.C. § 922(g) makes it illegal for certain people, like those convicted of a crime punishable by over a year of imprisonment, dishonorably discharged from the military, and committed to a mental institution, to possess, receive, ship, or transport any firearm or ammunition. Thus, they can face illegal possession charges if they are caught with a ghost gun.
It is also important to note that Governor Healey recently signed new gun safety legislation that allows for the prosecution of ghost gun possession cases. We will discuss this law, as well as the federal regulations surrounding these weapons, in further detail below.
In this blog, we discuss what ghost guns are and why they are such a hot-button topic. While gun control laws are often a contentious and highly debated subject, legal discussions on ghost guns have increased in the last few years.
What Are Ghost Guns?
Ghost guns are privately manufactured firearms that lack serial numbers or other identifying marks, making them difficult to trace. These weapons are typically assembled from kits or individual parts, often purchased online, which can be assembled without specialized knowledge or equipment. The term ghost gun refers to their untraceable nature, as they effectively disappear from regulatory oversight.
What Is the Problem with Ghost Guns?
The concern surrounding ghost guns stems from several factors:
- Lack of traceability: Without serial numbers, these firearms are challenging for law enforcement to track, complicating criminal investigations.
- Accessibility: Ghost gun kits can be purchased without background checks in many jurisdictions, potentially allowing individuals who would not pass traditional firearms background checks to obtain weapons.
- Ease of assembly: With minimal tools and knowledge, individuals can assemble functional firearms from these kits.
- Increasing prevalence: Data indicates a significant rise in ghost gun recoveries by law enforcement in recent years.
- Link to many violent crimes: Ghost guns have been linked to homicides, mass shootings, school shootings, domestic violence incidents, robberies, and other violent crimes across the nation.
Statistics and incidents related to ghost guns include:
- From 2016 to 2021, approximately 45,240 ghost guns were recovered by law enforcement from potential crime scenes, with 692 tied to homicides or attempted homicides.
- Ghost guns have been used in mass shootings, including incidents in Rancho Tehama, CA (2017) and at Saugus High School in Santa Clarita, CA (2019).
- In 2022, searches related to specific ghost gun parts increased by over 600% compared to a decade earlier.
- According to research from Brady, local data shows significant increases in ghost gun recoveries:
- Los Angeles reports 1,921 ghost guns recovered in 2021.
- Chicago saw an increase from 2 recoveries in 2016 to 455 in 2021.
- Washington, D.C., experienced an 11,433% increase in recoveries between 2017 and 2021
The rising prevalence of ghost guns and their use in various criminal activities has led to increased scrutiny from law enforcement and policymakers. Efforts to regulate these firearms are ongoing, with debates centering on balancing public safety concerns with individual rights and the practicalities of enforcement.
Biden Administration Introduced Regulations on Ghost Guns in 2022
The Biden Administration's Department of Justice (DOJ) implemented new regulations aimed at addressing the proliferation of ghost guns. These regulations marked a significant shift in the legal landscape surrounding privately manufactured firearms. These laws went into effect in August 2022.
The key components of this new rule include:
- Serialization requirement: Privately manufactured firearms must now be serialized, providing a means of identification and traceability.
- Federal licensing for sellers: Individuals or businesses selling ghost gun kits or components are required to obtain a federal license, similar to traditional firearms dealers.
- Background checks: Licensed sellers must conduct background checks on purchasers before selling homemade gun kits or components, aligning the process more closely with that of traditional firearm sales.
- Record-keeping: Sellers are mandated to maintain records of purchases for as long as they remain in business, creating a paper trail for law enforcement if needed.
- Firearm definition expansion: A partially or finished frame or receiver is considered a firearm.
Ghost Guns Facing Scrutiny in the Supreme Court
In 2022, a lawsuit was rejected that asked the court to stop the implementation of the new ghost gun laws. However, pushback continued, and more injunctions were filed.
In 2023, two parts of the ATF rule concerning ghost guns were challenged: that weapons parts kits are included in the definition of firearms and that the term “frame or receiver” includes a partially complete frame or receiver (i.e., ghost guns).
The ATF's recent rule classifying ghost gun parts kits as firearms was initially challenged in federal court and subsequently overturned by both a district court and the Fifth Circuit Court of Appeals. The Fifth Circuit determined that the rule overstepped the ATF's statutory authority and contradicted clear congressional intent. The Supreme Court will now decide whether the ATF has the legal authority to regulate these parts kits under the Gun Control Act 1968.
Oral arguments were heard on October 8, 2024. Many people believe the Supreme Court will uphold the current rules. However, an official ruling is still pending.
Massachusetts Joins the 14 States with Laws Regulating Ghost Guns
In July 2024, Governor Healey signed legislation, An Act Modernizing Firearm Laws, that regulates ghost guns. Key aspects of the new regulation include:
- The definition of firearms has been expanded. Firearms now include gun frames and receivers.
- There are more laws impeding the unregulated sale and production of ghost guns. A person can face one to one and a half years of imprisonment for creating or selling an untraceable firearm. If you manufacture or assemble a ghost gun (or privately made firearm), you must register the weapon with the Department of Criminal Justice Information Services (DCJIS) and obtain a serial number from the DCJIS to add to the firearm.
- Unlicensed individuals cannot use 3-D printers to manufacture guns. Massachusetts law now requires people to have a valid license to carry a firearm if they plan to use a 3D printer or computer numerical control (CNC) milling machine to produce a firearm.
- The Executive Office of Public Safety and Security and the DCJIS must design a serial number request system. By July 2025, these departments must have established a request system that can develop and maintain serial number requests. These requests should be able to be electronically received and processed.
Helping Those Facing Gun Charges
Brad Bailey Law recognizes that keeping up with the ever-changing laws and legislation can be challenging for clients. Our team stays up-to-date with state and federal laws governing criminal charges, and we can advise you on how current laws impact your case.
We represent clients facing federal gun charges. With decades of collective experience and over 300 federal cases under our belt, you can trust our team has the skills and legal knowledge to protect your rights and freedom.
We can reached at (617) 500-0252 and through our online contact form.