Ghost gun

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A ghost gun is a firearm without serial numbers. 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 is allowed, but a license is required to manufacture firearms for sale or distribution.[6]

Production[edit]

The lower receiver, which in the United States is the only part legally considered a "gun" (other components may be unregulated), can be completed from an "80% receiver", one which is 80% completed before being sold legally without background or identity checks. The remaining 20% of the work may then be done using common drill press or Dremel machine tools or available hand tools.[7][8] Companies sell kits including drill bits, stencils, and jigs to aid the process, but some proficiency with the equipment may be required.[1] 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 carving the lower receiver from an aluminium unfinished receiver.[1]

Some ghost guns are AR-15 style firearms.[1] AR-15s are modular firearms and the serial number is applied to the lower receiver, which holds the trigger group.[1] Once an individual has an AR-15 lower receiver, they can assemble a complete weapon using widely available components, such as barrels, stocks, magazines, and upper receivers.[1] Other ghost guns include pistols and AK-47 style semi-automatic rifles.[9] The Philippines is a center of ghost gun production, especially .45 caliber semi-automatic pistols.[5]

Political issues[edit]

Due to their lack of serial numbers, tracing ghost guns used in crimes is much harder than tracing serialized weapons.[7] There are no manufacturer or sales records to check.[10] The difficulty means local law enforcement officers often do not even attempt traces of ghost guns.[10]

California, especially Sacramento, has been a hub of ghost gun production.[11] The ATF speculated in 2014 that there are tens of thousands of ghost guns in California alone.[10] 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][12][13][14]

Proponents of ghost guns include gun rights activists and anarchists.[15] They say that making weapons is the right of every American which maintains the privacy of gun owners.[10] Individuals have organized "build parties" where equipment and expertise are shared to help create ghost guns. Advocates say that ghost guns are used in crime rarely despite widespread ownership.[13] 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.[12]

Two U.S. shipping companies, Federal Express and United Parcel Service, have refused to transport Ghost Gunner branded computer numerical control (CNC) milling machines.[16]

Legal issues[edit]

United States federal law[edit]

Under U.S. federal law owning a ghost gun is allowed, assuming that no other impediments exist.[1] The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) officials characterize this as a loophole.[10] 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.[15] With a legal case pending United States Supreme Court action,[17][18] Defense Distributed removed the files, but the censored blueprints remain accessible via The Pirate Bay's "Physibles" section.[19][20] The U.S. Federal Bureau of Investigation (FBI) reported in 2013 that it had seized hundreds of ghost guns, including a machine gun,[9] and unregistered silencers.[7] The FBI does not generally track the use of homemade firearms.[12] ATF agents say that ghost guns are sold at a $1,000 premium due to being untraceable.[21] According to the FBI, the popularity of ghost guns grew following the Sandy Hook Elementary School shooting in 2012, which sparked fears of new gun control measures.[7]

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.[10] After a lawsuit, all but 18 of the seized guns were returned and placed for sale to purchasers in 47 states.[22] In a similar case, EG Armory of California was raided, but agreed to forfeit 3800 lower receivers without admission of any wrongdoing.[22] 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.[9]

California state law[edit]

In 2014, California attempted to enact a law to require serial numbers on unfinished receivers and all other firearms, including antique guns,[23] but it was vetoed by the governor.[24] 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.[25]

New York State law[edit]

In 2015, during the state of New York's first prosecution for sale of ghost guns, Attorney General Eric Schneiderman said it is "easy" for "criminals to make completely untraceable, military-grade firearms."[26]

New Jersey State law[edit]

S-2465 enacted in 11/2018 prevents the manufacturing, and purchasing of guns or parts that is or can become an untraceable firearm. Multiple arrests were made within months of this law going into effect. Attorney General Gurbir Grewal has been aggressively prosecuting infractions of this law. New Jersey has filed a lawsuit against U.S. Patriot Armory a company that has allegedly sold AR-15 build kits to NJ residents.

Connecticut State law[edit]

As of October 1, 2019, all manufactured guns will be required to have a serial number obtained from the Department of Emergency Services and Public Protection engraved. Plastic, undetectable guns are also banned.[27]

Further reading[edit]

See also[edit]

References[edit]

  1. ^ a b c d e f g h i 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. ^ a b 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. ^ a b "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. ^ a b c d Sam Stanton; Denny Walsh (December 19, 2015). "California black market surges for ghost guns". Sacramento Bee.
  8. ^ Blackman, Josh (June 14, 2014). "The 1st Amendment, 2nd Amendment, And 3d Printed Guns". 81 Tennessee Law Review 479 (2014). p. 511. SSRN 2450663.
  9. ^ a b c "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.
  10. ^ a b c d e f 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.
  11. ^ "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.
  12. ^ a b c 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.
  13. ^ 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.
  14. ^ "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.
  15. ^ a b Moody, Oliver (June 25, 2016). "Anarchist will supply kit to build your own assault rifle". The Times [London (UK)].
  16. ^ 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.
  17. ^ "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.
  18. ^ "Can a Court Arbitrarily Conclude That 'Security' Overrules the First Amendment?". Reason.com. August 14, 2017. Retrieved August 14, 2017.
  19. ^ Ernesto (May 10, 2013). "Pirate Bay Takes Over Distribution of Censored 3D Printable Gun". TorrentFreak.
  20. ^ "Physibles". The Pirate Bay.
  21. ^ 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.
  22. ^ a b Chris Eger (January 30, 2017). "Controversial once-seized 80 percent lowers now up for grabs (VIDEO)". Guns.com.
  23. ^ 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.
  24. ^ "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.
  25. ^ 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.
  26. ^ 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.
  27. ^ "Connecticut General Assembly". Connecticut General Assembly. Retrieved June 11, 2019.