Ghost Gun Legality by State 2023 (2024)

Ghost guns, sometimes called “do-it-yourself guns,” can be built at home without the manufacturer’s license. This allows guns and other weapons to be made that are untraceable and without other protections like background checks that accompany the purchase of legal firearms.

Why Are Ghost Guns a Community Problem?

Ghost guns pose two issues. First, the parts used to assemble these guns aren’t considered firearms. So, people can buy them without undergoing a thorough checkup via the National Instant Criminal Background Check System (NICBCS). This allows people prohibited from possessing or buying guns to easily evade this restriction by purchasing a kit and assembling their guns at home.

Ghost guns have been highly linked to shootings across the country. More than 110 Americans are killed with guns daily! Ghost guns have been responsible for many fatal shootings in the past few years. Some notable examples are:

  • In July 2022, an unlicensed individual possessing guns allegedly murdered two people in Pennsylvania using a 9mm homemade gun.
  • In November 2019, a teenager shot five of his classmates at Saugus High School using a homemade gun and fatally shot himself.
  • In August 2019, a shooter assembled a .223-caliber firearm that he used to murder nine people in 35 seconds in a bar in Dayton, Ohio.
  • In 2017, a man built AR-15-style rifles by which he fatally shot his wife at home. The next day he fired at multiple people in different areas, including an elementary school injuring dozens and killing five.
  • In 2013, a shooter fired in Santa Monica, California, killing five people and injuring several others using a homemade AR-15 rifle. Sources indicate that the shooter had earlier tried to buy a firearm from a licensed gun dealer but failed a background check. He opted to order parts and assembled one instead.

Ghost guns weren’t required to have serial numbers. Therefore, they’re entirely untraceable if they’re recovered in connection with a crime. This offers little evidentiary value to criminal investigators, making it challenging to develop leads and unmask potential perpetrators. Indeed, ghost guns are the weapon of choice for violence against anti-government extremists and white supremacists.

Federal Laws Concerning Ghost Guns

In August 2022, the Biden administration enacted federal regulations for all ghost gun sellers and dealers. These regulations put Ghose guns in the same legal category as traditional firearms. They further require that dealers and manufacturers of ghost gun building blocks must be federally licensed. The building blocks (the gun’s frame and receivers) must have serial numbers, and purchasers must pass a thorough background check before purchasing these parts. Records of sale must also be kept by sellers.

These regulations did not make ghost guns illegal. People who own ghost guns can still have them provided they aren’t legally barred from owning guns. But any dealer having ghost guns must serialize them.

Eleven states and the District of Columbia already have laws regulating ghost guns, and some of those laws ban possessing ghost guns. Unfortunately, these states cannot cut off the national supply chain for ghost guns. Hopefully, this rule will ultimately do.

In Which States Are Ghost Guns Illegal?

The states that have enacted laws banning ghost gun sale and manufacturing are:

Connecticut, Hawaii, Nevada, and the District of Columbia have additionally put restrictions on the manufacture and ownership of ghost guns.

Most recently, several localities and cities have almost set proposals to help regulate ghost guns, including:

  • Montgomery County, MD
  • San Francisco
  • Philadelphia
  • San Diego

I'm an enthusiast with extensive knowledge in firearm regulations, specifically the concerning issue of ghost guns. My understanding is rooted in both the historical context and the contemporary challenges associated with untraceable, do-it-yourself firearms. I have closely followed the developments in legislation and law enforcement efforts to address the problems posed by ghost guns.

Now, delving into the concepts used in the article:

  1. Ghost Guns Overview:

    • Ghost guns, or do-it-yourself guns, are firearms that can be built at home without the need for a manufacturer's license.
    • They lack serial numbers, making them untraceable and allowing individuals to bypass background checks required for legal firearm purchases.
  2. Issues Posed by Ghost Guns:

    • Parts used in assembling ghost guns are not considered firearms, enabling individuals to acquire them without undergoing a thorough background check through the National Instant Criminal Background Check System (NICBCS).
    • Ghost guns have been linked to numerous shootings across the United States, contributing to the daily toll of over 110 Americans killed with guns.
  3. Examples of Fatal Shootings:

    • The article highlights specific instances where ghost guns were used in fatal shootings, underscoring the connection between these untraceable firearms and acts of violence.
  4. Untraceability and Evidentiary Challenges:

    • Ghost guns lack serial numbers, making them entirely untraceable if recovered in connection with a crime.
    • This poses a significant challenge for criminal investigators, as the absence of serial numbers makes it difficult to develop leads and identify potential perpetrators.
  5. Federal Regulations Enacted by the Biden Administration (August 2022):

    • The Biden administration implemented federal regulations for ghost gun sellers and dealers.
    • These regulations place ghost guns in the same legal category as traditional firearms, requiring federal licensing for dealers and manufacturers of ghost gun building blocks.
    • Serial numbers are now mandated for the gun's frame and receivers, and purchasers must undergo a thorough background check.
  6. State Laws Addressing Ghost Guns:

    • Eleven states and the District of Columbia have enacted laws regulating ghost guns, with some states outright banning the possession of these firearms.
    • California, Delaware, Illinois, Maryland, New Jersey, New York, Rhode Island, Washington, Connecticut, Hawaii, and Nevada are among the states with regulations.
  7. Local Efforts to Regulate Ghost Guns:

    • Some localities and cities, including Montgomery County, MD, San Francisco, Philadelphia, and San Diego, are actively considering or have proposed regulations to address the issue of ghost guns.

This comprehensive overview emphasizes the multifaceted nature of the ghost gun problem and the ongoing efforts at both the federal and state levels to mitigate its impact on public safety.

Ghost Gun Legality by State 2023 (2024)
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