Ghost gun

In the United States, a ghost gun is a firearm made by an individual, without serial numbers or other identifying markings. The term is used by gun control advocates, gun rights advocates, law enforcement, and some in the firearm industry.[1][2][3][4] By making the gun themselves, owners may legally bypass background checks and registration regulations.[1][5] Under U.S. federal law, the creation and possession of ghost guns by individuals for personal use is allowed. In contrast, firearms for sale or distribution must bear manufacturer's markings and unique serial numbers, and a federal license is required to manufacture them.[6][7] Some states have passed laws restricting ghost guns.

Production

The receiver, which in the United States is the only part legally considered a "firearm" (other components may be unregulated), can be completed from raw material, or up to an "80% receiver", one which is up to 80% completed before being sold legally without background or identity checks. The remaining percentage of the work may then be done using machine tools, a common drill press or a hand-held Dremel tool or other hand tools.[8][9] Companies sell kits including drill bits, stencils, and jigs to aid the process, but some proficiency with the equipment may be required.[1] It has always been possible to make firearms from raw material, more recently it has been possible to produce the receiver from scratch using plastic or more durable metal in a 3D printer, though the variety of materials and methods can create challenges in ensuring the resulting receiver is suitable for use.[1] More recently Defense Distributed introduced a CNC mill called the "Ghost Gunner" which is optimized for the purpose of completing a lower receiver from an aluminum unfinished receiver.[1]

Some AR-15 style firearms are made as ghost guns.[1] AR-15s are modular firearms, and the serial number is applied to the lower receiver, which holds the trigger group.[1] A person who has an AR-15 lower receiver can assemble a complete weapon using widely available components, such as barrels, stocks, magazines, and upper receivers.[1] Pistols and AK-47 style semi-automatic rifles are also made as ghost guns.[10]

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.[5]

Political issues

Due to their lack of serial numbers, tracing ghost guns used in crimes is much harder than tracing serialized weapons.[8] There are no manufacturer or sales records to check;[11] local law enforcement officers often cannot even attempt to trace ghost guns.[11]

California, especially Sacramento, has been a hub of ghost gun production.[12] The ATF speculated in 2014 that there are tens of thousands of ghost guns in California alone.[11] 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.[3][13][14][15]

In addition to the manufacture of ghost guns for criminal purposes, there are people who support the principle, including gun rights activists and anarchists.[16] They say that making weapons is the right of every American, and maintains the privacy of gun owners.[11] 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.[14] 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.[13]

U.S. shipping companies Federal Express and United Parcel Service have refused to transport Ghost Gunner branded computer numerical control (CNC) milling machines.[17]

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.[1] Some U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) officials characterize this as a loophole.[11] 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.[16] With a legal case pending United States Supreme Court action,[18][19] Defense Distributed removed the files, but the censored blueprints remain accessible via The Pirate Bay's "Physibles" section and other sites.[20][21] The U.S. Federal Bureau of Investigation (FBI) reported in 2013 that it had seized hundreds of ghost guns, including a machine gun,[10] and unregistered silencers.[8] The FBI does not generally track the use of homemade firearms.[13] ATF agents say that ghost guns are sold at a US$1,000 premium due to being untraceable.[22] 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,[8]

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.[11] After a lawsuit, all but 18 of the seized receivers were returned and placed for sale to purchasers in 47 states.[23] In a similar case, EG Armory of California was raided, but agreed to forfeit 3800 lower receivers without admission of any wrongdoing.[23] 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.[10]

California

In 2014, California attempted to enact a law to require serial numbers on unfinished receivers and all other firearms, including antique guns,[24] but it was vetoed by the governor.[25] However, in 2016, it passed a measure requiring anyone planning to build a homemade firearm to obtain a serial number from the state (de facto registration) and pass a background check.[26] From July 1, 2024, "firearm precursor parts" may only be sold through a licensed dealer.[27]

Connecticut

Since October 1, 2019, all manufactured guns must have a serial number obtained from the Department of Emergency Services and Public Protection engraved. Plastic, undetectable guns are banned.[28]

New Jersey

S2465, enacted in November 2018, prohibits the manufacture and sale of guns or parts that are or can become an untraceable firearm.[29] 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.[30] On July 2019, S3897 was enacted, which criminalizes transferring or possessing unserialized firearms.[31]

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."[32] In 2019, New York passed a law to prohibit the making, selling, transporting or possessing 3-D-printed guns or other undetectable firearms.[33]

Pennsylvania

Attorney General Josh Shapiro issued a legal opinion in December 2019 that 80% lower receivers are considered firearms.[34] A legal challenge ensued[35] and the Commonwealth Court issued a preliminary injunction.[36][37]

Pending legislation

Massachusetts

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[38] "An Act relative to ghost guns" - Presented by Marjorie C. Decker of 25th Middlesex district. Bill S.2649[39]"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.

Further reading
  • Ryan W. Miller (November 22, 2019). "'Ghost gun' used in Saugus High School shooting. What is it and is it legal?". USA Today.
  • Beyer, Katherine E. Busting the Ghost Guns A Technical, Statutory, and Practical Approach to the 3-D Printed Weapon Problem 103 Ky. L.J. 433 (2014–2015)

See also

References
  1. Greenberg, Andy (June 3, 2015). "I Made an Untraceable AR-15 Ghost Gun in My Office And It Was Easy". Wired. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  2. Steele, Chandra (October 1, 2014). "'Ghost Gunner' Makes Untraceable Guns Using a PC". PCmag.com.
  3. Melendez, Lyanne (August 4, 2015). "Walnut Creek Police Say 'Ghost Gun' Used In Murder-Suicide". KGO-TV San Francisco, ABC News. Archived from the original on October 20, 2016.
  4. Lee, Henry K. (August 4, 2015). "Walnut Creek murder-suicide suspect used "ghost guns," police say". SFGATE.COM. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  5. "GHOST GUNS". National Geographic. Archived from the original on October 20, 2016.
  6. "Does an individual need a license to make a firearm for personal use? | Bureau of Alcohol, Tobacco, Firearms and Explosives". www.atf.gov. Archived from the original on October 1, 2017. Retrieved October 3, 2017.
  7. Pane, Lisa Marie (November 24, 2019). "'Ghost Guns' Are Untraceable, Easy to Make". Antelope Valley Press. Associated Press. Retrieved November 27, 2019.
  8. Sam Stanton; Denny Walsh (December 19, 2015). "California black market surges for ghost guns". Sacramento Bee.
  9. Blackman, Josh (June 14, 2014). "The 1st Amendment, 2nd Amendment, And 3d Printed Guns". 81 Tennessee Law Review 479 (2014). p. 511. SSRN 2450663.
  10. "Illegal Firearm Maker Dr. Death Helped Create Untraceable Ghost Guns". CBS SF Bay Area. May 19, 2016. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  11. Horwitz, Sara (May 13, 2014). "Unfinished receivers, a gun part that is sold separately, lets some get around the law". Washington Post. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  12. "Sacramento At Center Of Untraceable 'Ghost Gun' Surge". CBS Sacramento. May 16, 2016. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  13. Hurd, Rick (August 12, 2016). "Homemade gun in Stanford student's murder-suicide spurs question on 'ghost guns'". The Mercury News. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  14. Hurd, Rick (August 7, 2015). "Police Eye 'Ghost Gun' In Recent Slaying: With The Rise Of Homemade Firearms, Legislation Sought To Make It Easier To Trace Them". San Jose Mercury News. p. A1.
  15. "Shooting rampage in California highlights "ghost guns" and their dangers". CBS News. November 16, 2017. Archived from the original on November 17, 2017. Retrieved November 16, 2017.
  16. Moody, Oliver (June 25, 2016). "Anarchist will supply kit to build your own assault rifle". The Times [London (UK)].
  17. Greenberg, Andy. "FedEx And UPS Refuse to Ship a Digital Mill That Can Make Untraceable Guns". Wired. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  18. "Defense Distributed, of 3D-Printed Gun Fame, Requests Rehearing on Denial of Its Injunction Against the State Department for Crushing Its Free Speech Rights". Reason.com. November 7, 2016. Retrieved August 14, 2017.
  19. "Can a Court Arbitrarily Conclude That 'Security' Overrules the First Amendment?". Reason.com. August 14, 2017. Retrieved August 14, 2017.
  20. Ernesto (May 10, 2013). "Pirate Bay Takes Over Distribution of Censored 3D Printable Gun". TorrentFreak.
  21. "Physibles". The Pirate Bay.
  22. Luery, Mike (October 15, 2015). "8 Northern California men indicted for making 'ghost guns': More than 230 illegal guns seized by federal agents". KCRA. Archived from the original on October 1, 2016. Retrieved October 17, 2016.
  23. Chris Eger (January 30, 2017). "Controversial once-seized 80 percent lowers now up for grabs (VIDEO)". Guns.com.
  24. Eger, Chris (September 14, 2014). "California Ghost Gun Bill creeps onto governor's desk". Guns.com. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  25. "California Governor Jerry Brown Vetoes "Ghost Gun" Ban, Signs Three Other Gun Control Bills". www.calffl.org. Archived from the original on October 1, 2017. Retrieved October 1, 2017.
  26. Dobuzinski, Alex (July 23, 2016). "California governor signs bill to require registration of 'ghost guns'". Reuters. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  27. "Bill Text - AB-879 Firearms". leginfo.legislature.ca.gov. Retrieved December 1, 2019.
  28. "Connecticut General Assembly". Connecticut General Assembly. Retrieved June 11, 2019.
  29. "New Jersey S2465 | 2018-2019 | Regular Session". LegiScan. Retrieved March 22, 2020.
  30. "New Jersey sues company over illegal 'ghost gun' sales". Reuters. March 22, 2019. Retrieved March 22, 2020.
  31. "New Jersey S3897 | 2018-2019 | Regular Session". LegiScan. Retrieved March 22, 2020.
  32. Bolger, Timothy (June 26, 2015). "Long Island Trio Charged in NY's First Ghost Gun Bust". Long Island Press. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  33. Slattery, Denis. "New York bans 3-D-printed guns and other untraceable DIY firearms known as 'ghost guns'". nydailynews.com. Retrieved May 14, 2020.
  34. "AG Shapiro, Gov. Wolf: 80% Receivers Are Firearms". Pennsylvania Office of Attorney General. Retrieved January 11, 2020.
  35. "PAFirearmCase.com - Landmark Firearms, et al. v. PSP Commissioner Robert Evanchick". Firearms Policy Coalition. Retrieved January 11, 2020.
  36. Prince, Joshua; Esq. (January 31, 2020). "Injunction GRANTED against Pennsylvania State Police's Policy relating to "Partially-Manufactured Frames and Receivers"". Prince Law Offices Blog. Retrieved March 22, 2020.
  37. "Pennsylvania judge puts hold on state 'ghost guns' policy". York Dispatch. Retrieved February 5, 2020.
  38. https://malegislature.gov/Bills/191/H3843
  39. https://malegislature.gov/Bills/191/S2649
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