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Homemade firearm

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A privately made firearm, also known as a ghost gun or homemade firearm, is a firearm that is produced by a private individual rather than a corporate or government entity. The term is used mostly in the United States by gun control advocates, but it is increasingly being used by gun rights advocates and some in the firearm industry.[1] Because home-manufacture of firearms for personal use is not considered to fall under the U.S. federal government's authority to regulate interstate, as opposed to intrastate, commerce per the Commerce Clause, individuals making their own firearms are not subject to federal or state commercial background check regulations. Persons otherwise prohibited from owning firearms under the Gun Control Act of 1968 are still legally barred from the manufacture, transfer, or possession of firearms or ammunition, regardless of the method of manufacture or acquisition.[2] The term, "ghost gun", was coined in 2012.[3]

Production

United States

See also: Gun law in the United States

Under U.S. federal law, the creation and possession of firearms for non-commercial purposes (i.e., personal use) has always been legal, and a license is generally not required. In contrast, since 1968, persons intending to manufacture firearms for sale or distribution must have a Federal Firearms License, and each firearm must bear a unique serial number.[4][5][6]

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 Bureau of Alcohol Tobacco and Firearms (ATF) does not recognize.[7] While some states have passed laws restricting the creation of privately made firearms, in most states unfinished receivers are sold without the requirement of federal or state background checks.[8] Further, some scholars have argued that the existing state regulations may be unconstitutional.[9] Finishing work on these receivers may be performed with machine tools, the common drill press, or hand-held tools like the Dremel.[10][11] Companies sell kits that include drill bits, stencils, or jigs to aid the process, but proficiency with those tools is usually required.[1] Starting from the 2010s, 80% completed polymer frames became more popular, requiring only hand tools to finish them. Companies such as Polymer80, based in Dayton, Nevada, became well known for being a top producer of 80% Glock-compatible frames.[12][13][14]

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.[1] A popular machine tool for completing 80% receivers is a CNC mill by Defense Distributed named Ghost Gunner, which is optimized for completing aluminum and steel unfinished receivers.[1][15]

AR-15-style firearms are often made as privately made firearms. 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 firearm using widely available components, such as barrels, stocks, magazines, and upper receivers.[1] Pistols and AK-47-style semi-automatic rifles are also popularly made as privately made firearms.[16]

Non-U.S. jurisdictions

Overseas production centers of unmarked firearms include China, the Khyber Pass area of Pakistan and the Philippines; the Philippines are especially known for the production of .45 caliber semi-automatic pistols.[2]

Political controversy

Traceability

In recent years, politicians and gun control advocates have claimed tracing unserialized firearms used in crimes may be harder than tracing their commercial variants.[10] This argument is made when assessing ATF's ability to use the serial numbers of firearms associated with crimes to perform "trace requests" through the National Tracing Center (NTC), a division of the bureau that provides investigative leads for local, state, federal and foreign law enforcement agencies.[17] However, ATF NTC uses other technologies and forensic expertise when serial numbers are not present, or have been altered or obliterated from firearms, and local detectives, prosecutors and U.S. Attorneys have many other resources and investigative powers aside from NTC when working gun crimes, including the NIBIN.[18] Additionally, as was seen in Operation Fast and Furious the ATF was unable to trace their own guns that had serial numbers.

While there are no reliable statistics on how many privately made firearms are being recovered in crimes, since the issue rose to prominence in California, ATF has documented recoveries of ghost guns in 38 States plus DC, Puerto Rico, and the Virgin Islands.[18] ATF noted an increasing number of ghost gun seizures every year since 2016, and over 1,600 of these firearms have been entered into NIBIN.[18][19]

Advocates

Gun rights and other American political activists support the private production of firearms, claiming the practice as a Constitutional right and a way to maintain the privacy of gun owners.[20][21][9] Individuals have organized "build parties" where equipment and expertise are shared to help create privately made firearms. Advocates say that privately made firearms are rarely used in crime despite widespread ownership.[22][9] Gun rights advocates and law enforcement assert that because of the cost and effort required to make privately made firearms, criminals prefer to steal the guns used in crimes, a fact borne out by DOJ statistics.[23] Between 2012 and 2017, ATF estimated over 1.8 million firearms were stolen from individual gun owners, vehicles and residences, and another 40,000 were stolen from FFL's (Federal Firearms Licensee), numbers that vastly dwarf those of privately made firearms linked to crimes.[18]

Notable crimes

While there are very few instances of privately made firearms having been recovered at the scene of homicides, unserialized firearms have been used in at least two shooting sprees in California, most notably one at Rancho Tehama in 2017 by a man who was barred from possessing guns. The shooter also carried and primarily used three firearms he had illegally acquired that were not privately made firearms.[24][22][23][25] Firearms with the serial numbers removed comprise the majority of unserialized guns recovered from the scene of crimes. However, an altered gun is not the same as a homemade firearm, and that distinction is important when considering their prevalence of usage during crimes.

The firearm used in the July 8, 2022 assassination of former Japanese prime minister Shinzo Abe was reportedly home manufactured.[26]

Relevant legislation

United States federal law

Congress passed the Gun Control Act of 1968 or the GCA, to expand interstate commerce controls over common firearms like pistols, revolvers, shotguns and rifles.[18] The GCA requires those who are “engaged in the business” of manufacturing or dealing in firearms to be licensed by the ATF.[27] Federal firearms licensees are required to mark their firearms’ serial numbers and keep records of their transactions. The GCA also prohibits certain categories of persons, like convicted felons, domestic abusers, illegal drug users and others, from possessing firearms.

To help enforce these prohibitions, Congress passed the Brady Act in 1993, creating the National Instant Criminal Background Check System, or NICS, and requiring FFLs to submit potential firearms purchaser information to NICS before transferring firearms.[18]

While Congress passed the GCA to help law enforcement fight gun crime, it expressly added that the Act was not to place any undue burden on law abiding citizens who use or make firearms for lawful, private purposes.[18]

California

In 2014, California attempted to enact a law to require serial numbers on unfinished receivers and all other firearms, including antique guns,[28] but it was vetoed by the governor.[29] 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.[30] From July 1, 2024, "firearm precursor parts" may only be sold through a licensed dealer.[31]

Colorado

On January 4, 2022, Mayor Michael B. Hancock signed into law a bill banning ghost guns in Denver, Colorado. The law outlaws the creation, carriage, transportation, discharge, and sale of firearms without serial numbers.[32]

Connecticut

Since October 1, 2019, all manufactured guns must have a serial number obtained from the Department of Emergency Services and Public Protection engraved.[33] Any plastic gun that "after removal of grips, stocks and magazines, is not ... detectible" by metal detectors is banned under Connecticut law.[34]

Maryland

In 2022 Maryland governor Larry Hogan allowed legislation that will, according to The Washington Post, "ban the sale, receipt and transfer of unfinished frames or receivers that are not serialized by the manufacturer" to become law without his signature.[35] This law will also ban the mere possession of such items starting in March 2023.[35]

New Jersey

S2465, enacted in November 2018, prohibits the manufacture and sale of guns or parts that are or can become an untraceable firearm.[36] Multiple arrests were made within months of this law going into effect. Then State 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 New Jersey residents.[37] In July 2019, S3897 was enacted, which criminalizes transferring or possessing unserialized firearms.[38]

New York

In 2015, during the state of New York's first prosecution for sale of privately made firearms, Then State Attorney General Eric Schneiderman said that it was "easy" for "criminals to make completely untraceable, military-grade firearms."[39] In 2019, New York passed a law to prohibit the making, selling, transporting or possessing 3D-printed guns or other undetectable firearms.[40]

On October 28, 2021, New York Governor Kathy Hochul signed into law the toughest ghost gun restrictions in the U.S. to date, consisting of The Scott J. Beigel Unfinished Receiver Act and The Jose Webster Untraceable Firearms Act. Both of these laws will take effect in 180 days.[41][dubious – discuss]

Pennsylvania

Attorney General Josh Shapiro issued a legal opinion in December 2019 that 80% lower receivers are considered firearms.[42] A legal challenge ensued[43] and in January 2020 Commonwealth Court issued a preliminary injunction blocking AG Shapiro's opinion.[44][45]

Pending legislation

United States Congress

On July 1, 2020, Representatives Jamie Raskin (MD-08) and David Cicilline (RI-01) introduced House Resolution 7468,[46] aiming to reduce gun violence through banning the manufacture of so-called "ghost guns"—firearms that require no background check, have no serial number, and are essentially impossible to trace.[47] As of September 22, 2020, the most recent action taken on the bill was on July 1, when it was referred to the House Committee on the Judiciary.

Massachusetts

As of April 2020, there are at least two bills that aim to control the distribution of firearm kits as well as 3D printed firearms in the Commonwealth: Bill H.3843,[48] "An Act relative to ghost guns", presented by Marjorie C. Decker of 25th Middlesex district, and Bill S.2649,[49] "An Act relative to 3D printed firearm and ghost guns", presented by Michael J. Barrett of 3rd Middlesex district. Both bills have been deferred to the Committee of Ways and Means in the Senate and House, respectively.

Illinois

On February 7, 2019, Illinois House Rep. Kathleen Willis filed HB2253, entitled the Undetectable and Untraceable Firearms Act, with the Clerk of the House was the Bill was announced to the House.[50] It was then referred to the House Rules Committee for assignment to a substantive committee, and to be formally heard by lawmakers and the public.[50] The Untraceable Firearms Act, for short, proposes to amend the Firearm Owners Identification Card Act primarily by prohibiting the possession, manufacturing, and distribution of "unfinished frames or receivers" without having a FOID (Firearm Owners Identification Card) in his or her possession, among other requirements.[50] HB2253 also proposes to include these so-called "Ghost Guns" as prohibited firearm in certain areas, including public buildings.[50] Violations of HB2253 would result in the commission of a Class 2 felony, punishable by 3 to 7 years in the Illinois Department of Corrections and fines up to $25,000.[51]

The Bill has garnered both support and criticism among lawmakers. In the Bill's introduction, Rep. Willis stated, "I'm not calling for a ban on them, I'm just saying that you need to have the same background checks as you would if you were going to purchase a regular gun..."[52] On the other hand, the Federal Firearms Licensees of Illinois have voiced 2nd Amendment concerns on behalf of gun sellers: "[Rep. Willis is] trying to make it illegal for the home hobbyist to own or possess firearms they've made. They're going after an industry and a hobby and lawful gun owners."[53]

With the signing of HB4383 in May 2022, building, selling, or possessing privately made firearms without serial numbers – i.e. ghost guns – is banned in Illinois.[54]

See also

References

  1. ^ a b c d e 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. ^ a b "GHOST GUNS". National Geographic. Archived from the original on October 20, 2016.
  3. ^ "Time Traveler by Merriam-Webster: Words from 2012". www.merriam-webster.com. Retrieved October 24, 2022.
  4. ^ "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.
  5. ^ Pane, Lisa Marie (November 24, 2019). "'Ghost Guns' Are Untraceable, Easy to Make". Antelope Valley Press. Associated Press. Retrieved November 27, 2019.
  6. ^ How to Make a Homemade Gun (Full Length), retrieved September 12, 2021
  7. ^ "What is an "80%" or "unfinished" receiver?". atf.gov. Bureau of Alcohol Tobacco Firearms and Explosives. Retrieved July 4, 2020.
  8. ^ "District seeks to ban 'ghost gun' kits as seizures of homemade weapons soar". The Washington Post. February 27, 2020. Retrieved July 7, 2020.{{cite news}}: CS1 maint: url-status (link)
  9. ^ a b c McWilliam, Jamie G. (March 27, 2022). "The Unconstitutionality of Unfinished Receiver Bans". Harvard J.L. & Pub. Pol'y per Curiam. Cambridge, MA. SSRN 4077174.
  10. ^ a b Sam Stanton; Denny Walsh (December 19, 2015). "California black market surges for ghost guns". The Sacramento Bee.
  11. ^ Blackman, Josh (June 14, 2014). "The 1st Amendment, 2nd Amendment, And 3d Printed Guns". 81 Tennessee Law Review 479 (2014). p. 511. SSRN 2450663.
  12. ^ "Polymer80's Name Has Become Synonymous With 'Ghost Guns.' Now It's in the Crosshairs". NBC New York. Retrieved April 22, 2022.
  13. ^ "ATF's New 'Ghost Gun' Rules Are as Clear as Mud". Reason.com. April 12, 2022. Retrieved April 22, 2022.
  14. ^ "New Polymer80 PF940v2 Coming This Fall -". The Firearm Blog. August 15, 2017. Retrieved April 22, 2022.
  15. ^ "Agents Recover Thousands of Bullets, 3D Printer And Ghost Guns From Convicted Felon's Residence". Newsweek. February 27, 2020. Retrieved July 7, 2020.{{cite news}}: CS1 maint: url-status (link)
  16. ^ "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.
  17. ^ "Fact Sheet - National Tracing Center". ATF.gov. June 1, 2020. Retrieved August 14, 2020.{{cite web}}: CS1 maint: url-status (link)
  18. ^ a b c d e f g Keith, Phil (April 8, 2020). Presidential Commissionon on Law Enforcement and the Administration of Justice. U.S. Department of Justice. 4278911_2_k14MbL.
  19. ^ "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.
  20. ^ Moody, Oliver (June 25, 2016). "Anarchist will supply kit to build your own assault rifle". The Times [London (UK)].
  21. ^ Horwitz, Sara (May 13, 2014). "Unfinished receivers, a gun part that is sold separately, lets some get around the law". The Washington Post. Archived from the original on October 20, 2016. Retrieved October 17, 2016.
  22. ^ a b 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.
  23. ^ a b 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.
  24. ^ 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.
  25. ^ "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.
  26. ^ "Shinzo Abe shot while making election speech in Japan". Reuters. July 8, 2022.
  27. ^ "Do I Need a License to Buy and Sell Firearms?". ATF.gov. January 1, 2016. 5310.2. Retrieved August 15, 2020.
  28. ^ 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.
  29. ^ "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.
  30. ^ 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.
  31. ^ "Bill Text - AB-879 Firearms". leginfo.legislature.ca.gov. Retrieved December 1, 2019.
  32. ^ Morgan Keith (January 4, 2022). "Ghost guns – easily assembled firearms without serial numbers – are now banned in Denver". Business Insider.
  33. ^ "Connecticut General Assembly". Connecticut General Assembly. Retrieved June 11, 2019.
  34. ^ "AN ACT CONCERNING GHOST GUNS" (PDF). Connecticut General Assembly. Retrieved April 29, 2021.
  35. ^ a b "Ghost guns to become outlawed in Maryland without Hogan's signature". The Washington Post. April 8, 2022.
  36. ^ "New Jersey S2465 | 2018-2019 | Regular Session". LegiScan. Retrieved March 22, 2020.
  37. ^ "New Jersey sues company over illegal 'ghost gun' sales". Reuters. March 22, 2019. Retrieved March 22, 2020.
  38. ^ "New Jersey S3897 | 2018-2019 | Regular Session". LegiScan. Retrieved March 22, 2020.
  39. ^ 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.
  40. ^ Slattery, Denis. "New York bans 3-D-printed guns and other untraceable DIY firearms known as 'ghost guns'". nydailynews.com. Retrieved May 14, 2020.
  41. ^ Anna M. Kaplan (October 28, 2021). "Nation's Toughest Restrictions on Ghost Guns Signed Into Law by Governor Kathy Hochul". The New York State Senate. Retrieved January 6, 2022.
  42. ^ "AG Shapiro, Gov. Wolf: 80% Receivers Are Firearms". Pennsylvania Office of Attorney General. Retrieved January 11, 2020.
  43. ^ "PAFirearmCase.com - Landmark Firearms, et al. v. PSP Commissioner Robert Evanchick". Firearms Policy Coalition. Retrieved January 11, 2020.
  44. ^ 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.
  45. ^ "Pennsylvania judge puts hold on state 'ghost guns' policy". York Dispatch. Retrieved February 5, 2020.
  46. ^ Raskin, Jamie (July 1, 2020). "H.R.7468 - 116th Congress (2019-2020): Stop Home Manufacture of Ghost Guns Act of 2020". www.congress.gov.
  47. ^ "Raskin, Cicilline Introduce Legislation to Stop Home Manufacture of "Ghost Guns"". Congressman Jamie Raskin. July 2, 2020.
  48. ^ "An Act relative to ghost guns". malegislature.gov. 2019. Retrieved January 19, 2021.
  49. ^ https://malegislature.gov/Bills/191/S2649
  50. ^ a b c d "Illinois General Assembly - Bill Status for HB2253". www.ilga.gov. Retrieved December 9, 2020.
  51. ^ "Illinois General Assembly - Full Text of HB2253". www.ilga.gov. Retrieved December 9, 2020.
  52. ^ Illinois, JERRY NOWICKI Capitol News. "Illinois bill aims to regulate homemade guns, blueprints". The Southern. Retrieved December 9, 2020.
  53. ^ "Bill aims to regulate homemade guns, blueprints". Capitolnewsillinois.com. Retrieved December 9, 2020.
  54. ^ "What Are 'Ghost Guns', and Why Are They Now Banned in Illinois?". NBC Chicago. May 18, 2022. Retrieved May 19, 2022.
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