Are "Ghost Guns" Legal or Illegal? — What You Need To Know

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If you’ve turned on the news in recent times, you’ve probably heard a politician talking about something called a “Ghost Gun”. As scary as these politicians try to make this product seem, it really is a misunderstood concept. Let’s take a look at so-called “ghost guns” and the issues/legalities surrounding them.

What is a "Ghost Gun?"

Basically, a ghost gun refers to a gun without a serial number. These weapons are usually homemade using kits and parts that are readily available from online or in-person dealers. The term “ghost gun” is a term invented by politicians to make these weapons seem scary and evil to the senses of people that may not know exactly what these people are describing. In reality, very few criminals use ghost guns to commit acts of crime. Why? Quite simply, it’s easier to get a gun than manufacture one. A ghost gun is little more than a firearm simply manufactured by a private citizen for their own usage.

Are "Ghost Guns" Illegal?

While it is completely legal for a private citizen to manufacture a firearm as long as they’re legally allowed to own or possess a firearm, there are some state and federal laws to keep in mind when looking into ghost guns. Assuming you’re legally allowed to purchase and possess a firearm where you live, building your own firearm will not be an issue, so long as you make a gun that is something you could buy from your local store over the counter. This means no NFA-items (Full-Auto, Short Barreled Rifles, etc). 

Also note that you are still able to build these items if you have your federal paperwork filed to do so and your NFA tax stamp in order for these types of weapons. Laws may vary from state to state, so make sure you look into your local gun laws before building your own firearms.

Recent Biden Legislation Against Ghost Guns

The Biden Administration has recently latched onto the concepts of banning ghost guns through the new National Ghost Gun Enforcement Initiative. Essentially, the Department of Justice will prioritize bringing federal charges against people using and selling/transferring ghost guns. This initiative will train prosecutors specifically to help bring charges against those people that utilize ghost guns in a crime.

Another issue with this legislation is that it would re-classify gun kits and  80% receivers as fully functional firearms, which they most certainly are not. Currently our beloved ATF requires that all receivers be serialized - not including unfinished receivers that are no different than any other part of a weapon you can buy as easily as a candy bar.

The Former Vice President Joseph R. Biden.

What This Means for Gun Builders

What does this mean for us private gunsmiths and hobbyists? This legislation does little more than begin to require gun parts to be registered. Do you want to have to register parts of your guns such as barrels or triggers when you purchase them? Neither do we. Some of us enjoy building guns, which requires a particular level of skill. Not to mention, why would we go down the slippery slope of forcing registration on what are merely gun parts? This new legislation would:

• Redefine several legal terminologies such as frame, receiver or what a firearm is. 
• Classify gun parts, such as 80% lower receivers to be registered as completed firearms.
• Require background checks to purchase gun parts.

Are Ghost Guns Illegal in my State?

While purchasing ghost gun kits and parts are unregulated in most states, some states and even cities or entire counties have moved ahead on their own to regulate the sale and purchase of these parts and kits; at times subjecting them to similar scrutiny as actual firearms. New York, New Jersey, Massachusetts, Virginia, Washington, Connecticut and places in California all all have similar legislation that prohibit the manufacture, sale, possession, transfer and transport of undetectable or untraceable arms, which would cover the description of a "ghost gun". 

Why Do We Care About the New Laws Involving "Ghost Guns?"

An 80% lower receiver. Look like a functional weapon? We don't think so either.

So why should we care about new laws regarding so-called ghost guns? As is with any law infringing upon our rights as citizens to keep and bear arms, this legislation is yet another batch of laws that chip away at the 2nd Amendment. The idea that certain gun parts would be registered and treated as if they were actual firearms is detrimental to the freedom to keep and bear arms. When the federal government removes a right they have no reason to give it back to the citizen. Parts of a gun should not be arbitrarily called a functional firearm.

Think about it this way, if one day an 80% lower receiver is classified as a full firearm what is next? A barrel? A trigger? A slide?

Stay Updated With 5D Tactical

Now that we’ve finished reading up on ghost guns, what do you think? Let us know by leaving a comment below. Keep up with current ghost gun legislation by checking out our other blog posts. Make sure to grab your 80% Lower Receivers before the federal government steals that freedom from all Americans!