Homemade Firearm: Comparison
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Homemade firearms are small improvised firearms built by individuals from kits or other equipment, which are generally excepted from commercial firearms markets or regulations. The phenomenon is most popular in the United States , where it is a political issue for gun control advocates, gun rights advocates, and law enforcement. Homemade guns are in general legal. Homemade guns are generally not subject to federal or state commercial background check regulations.

  • gun control
  • gun rights
  • firearms

1. Production

1.1. United States

Under U.S. federal law, the creation and possession of firearms for non-commercial purposes has always been legal. In contrast, firearms for sale or distribution require a federal license for their manufacture, and must bear unique serial numbers.[1][2]

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, or ATF, does not recognize.[3] While some states have passed laws restricting the creation of ghost guns, in most states unfinished receivers are sold without the requirement of federal or state background checks.[4] Finishing work on these receivers may be performed with machine tools, the common drill press, or hand-held tools like the Dremel.[5][6] Companies sell kits that include drill bits, stencils, and jigs to aid the process, but proficiency with tools is usually required.[7]

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.[7]

AR-15-style firearms are often made as ghost guns.[7] AR-15s are modular firearms, and maker's marks are usually applied to the lower receiver, which houses the trigger group.[7] A person with an AR-15 lower receiver can assemble a complete weapon using widely available components, such as barrels, stocks, magazines, and upper receivers.[7] Pistols and AK-47-style semi-automatic rifles are also popularly made as ghost guns.[8]

1.2. Non-US Jurisdictions

Overseas production centers of unmarked firearms include China, the Khyber Pass area of Pakistan, and the Philippines. The Philippines especially is known for the production of .45 caliber semi-automatic pistols.[9]

2. Political Controversy

2.1. Traceability

In recent years, politicians and gun control advocates have claimed tracing ghost guns used in crimes may be harder than tracing their commercial variants.[5] 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.[10] 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.[11] 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.[11] 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.[11][12]

2.2. Advocates

Gun rights and other American political activists support the private production of ghost guns, claiming the practice as a Constitutional right and a way to maintain the privacy of gun owners.[13][14] 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.[15] Gun rights advocates and law enforcement assert that due to the cost and effort required to make ghost guns, criminals prefer to steal the guns used in crimes, a fact borne out by DOJ statistics.[16] 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, numbers that vastly dwarf those of ghost guns linked to crimes.[11]

2.3. Notable Crimes

Ghost guns have been used in at least two spree shootings in California, most notably the shooting spree at Rancho Tehama Reserve in 2017 by a man who was barred from possessing guns.[15][16][17][18]

3. Relevant Legislation

3.1. 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.[11] The GCA requires those who are “engaged in the business” of manufacturing or dealing in firearms to be licensed by ATF.[19] 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.[11]

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.[11]

3.1. California

In 2014, California attempted to enact a law to require serial numbers on unfinished receivers and all other firearms, including antique guns,[20] but it was vetoed by the governor.[21] 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.[22] From July 1, 2024, "firearm precursor parts" may only be sold through a licensed dealer.[23]

3.2. 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.[24]

3.3. New Jersey

S2465, enacted in November 2018, prohibits the manufacture and sale of guns or parts that are or can become an untraceable firearm.[25] 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.[26] In July 2019, S3897 was enacted, which criminalizes transferring or possessing unserialized firearms.[27]

3.4. 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."[28] In 2019, New York passed a law to prohibit the making, selling, transporting or possessing 3-D-printed guns or other undetectable firearms.[29]

3.5. Pennsylvania

Attorney General Josh Shapiro issued a legal opinion in December 2019 that 80% lower receivers are considered firearms.[30] A legal challenge ensued[31] and in January 2020 Commonwealth Court issued a preliminary injunction blocking AG Shapiro's opinion.[32][33]

4. Pending Legislation

4.1. United States Congress

On July 1, 2020, Representatives Jamie Raskin (MD-08) and David Cicilline (RI-01) introduced House Resolution 7468,[34] aiming to reduce gun violence through banning the manufacture of "ghost guns"—firearms that require no background check, have no serial number, and are essentially impossible to trace.[35] 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.

4.2. 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 weapons in the Commonwealth: Bill H.3843,[36] "An Act relative to ghost guns", presented by Marjorie C. Decker of 25th Middlesex district, and Bill S.2649,[37] "An Act relative to 3D printed weapons 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.

5. Further Reading

  • Ryan W. Miller (22 Nov 2019). "'Ghost gun' used in Saugus High School shooting. What is it and is it legal?" (in en). https://www.msn.com/en-us/news/us/ghost-gun-used-in-saugus-high-school-shooting-what-is-it-and-is-it-legal/ar-BBXayB7?ocid=spartanntp. 
  • 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)

References

  1. "Does an individual need a license to make a firearm for personal use? | Bureau of Alcohol, Tobacco, Firearms and Explosives" (in en). Archived from the original on October 1, 2017. https://web.archive.org/web/20171001122915/https://www.atf.gov/firearms/qa/does-individual-need-license-make-firearm-personal-use. 
  2. Pane, Lisa Marie (November 24, 2019). "'Ghost Guns' Are Untraceable, Easy to Make". Antelope Valley Press. Associated Press. https://www.avpress.com/news/ghost-guns-are-untraceable-easy-to-make/article_862a9cc4-0e71-11ea-8db9-e77de7f4be5d.html. 
  3. "What is an "80%" or "unfinished" receiver?". Bureau of Alcohol Tobacco Firearms and Explosives. https://www.atf.gov/firearms/qa/what-%E2%80%9C80%E2%80%9D-or-%E2%80%9Cunfinished-receiver. Retrieved 4 July 2020. 
  4. "District seeks to ban ‘ghost gun’ kits as seizures of homemade weapons soar". The Washington Post. February 27, 2020. https://www.washingtonpost.com/local/public-safety/district-seeks-to-ban-ghost-gun-kits-as-seizures-of-homemade-weapons-soar/2020/02/27/d12be0da-5416-11ea-9e47-59804be1dcfb_story.html. Retrieved July 7, 2020. 
  5. Sam Stanton; Denny Walsh (December 19, 2015). "California black market surges for ghost guns". Sacramento Bee. https://www.sacbee.com/news/local/crime/article50685560.html. 
  6. Blackman, Josh (June 14, 2014). "The 1st Amendment, 2nd Amendment, And 3d Printed Guns". 81 Tennessee Law Review 479 (2014): p. 511. 
  7. 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. https://web.archive.org/web/20161020040839/https://www.wired.com/2015/06/i-made-an-untraceable-ar-15-ghost-gun/. Retrieved October 17, 2016. 
  8. "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. https://web.archive.org/web/20161020103924/http://sanfrancisco.cbslocal.com/2016/05/19/illegal-firearm-maker-doctor-death-helped-creates-untraceable-ghost-guns/. Retrieved October 17, 2016. 
  9. "GHOST GUNS". National Geographic. Archived from the original on October 20, 2016. https://web.archive.org/web/20161020104533/http://channel.nationalgeographic.com/underworld-inc/episodes/ghost-guns/. 
  10. "Fact Sheet - National Tracing Center". June 1, 2020. https://www.atf.gov/resource-center/fact-sheet/fact-sheet-national-tracing-center. Retrieved August 14, 2020. 
  11. Keith, Phil (April 8, 2020). "Presidential Commissionon on Law Enforcement and th eAdministration of Justice". U.S. Department of Justice. 4278911_2_k14MbL. https://www.justice.gov/ag/page/file/1267786/download. 
  12. "Sacramento At Center Of Untraceable 'Ghost Gun' Surge". CBS Sacramento. May 16, 2016. Archived from the original on October 20, 2016. https://web.archive.org/web/20161020040412/http://sacramento.cbslocal.com/2016/05/16/sacramento-at-center-of-untraceable-ghost-gun-surge/. Retrieved October 17, 2016. 
  13. Moody, Oliver (June 25, 2016). "Anarchist will supply kit to build your own assault rifle". The Times [London (UK)]. 
  14. 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. https://web.archive.org/web/20161020041216/https://www.washingtonpost.com/world/national-security/unfinished-receivers-that-can-be-used-to-build-guns-pose-problems-for-law-enforcement/2014/05/13/8ec39e9e-da51-11e3-bda1-9b46b2066796_story.html?postshare=6861473266526376&tid=ss_tw. Retrieved October 17, 2016. 
  15. 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. 
  16. 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. https://web.archive.org/web/20161020041043/http://www.mercurynews.com/2015/08/06/homemade-gun-in-stanford-students-murder-suicide-spurs-question-on-ghost-guns/. Retrieved October 17, 2016. 
  17. 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. https://web.archive.org/web/20161020043254/http://abc7news.com/news/walnut-creek-police-say-ghost-gun-used-in-murder-suicide/903250/. 
  18. "Shooting rampage in California highlights "ghost guns" and their dangers". CBS News. November 16, 2017. Archived from the original on November 17, 2017. https://web.archive.org/web/20171117073353/https://www.cbsnews.com/news/ghost-guns-shooting-rancho-tehama-california/. Retrieved November 16, 2017. 
  19. "Do I Need a License to Buy and Sell Firearms?". January 1, 2016. https://www.atf.gov/file/100871/download. Retrieved August 15, 2020. 
  20. Eger, Chris (September 14, 2014). "California Ghost Gun Bill creeps onto governor's desk". Guns.com. Archived from the original on October 20, 2016. https://web.archive.org/web/20161020041524/http://www.guns.com/2014/09/02/california-ghost-gun-bill-creeps-onto-governors-desk/. Retrieved October 17, 2016. 
  21. "California Governor Jerry Brown Vetoes "Ghost Gun" Ban, Signs Three Other Gun Control Bills" (in en-US). Archived from the original on October 1, 2017. https://web.archive.org/web/20171001122132/https://www.calffl.org/press-releases/california-governor-jerry-brown-vetoes-ghost-gun-ban-signs-three-gun-control-bills/. 
  22. Dobuzinski, Alex (July 23, 2016). "California governor signs bill to require registration of 'ghost guns'". Reuters. Archived from the original on October 20, 2016. https://web.archive.org/web/20161020103945/http://www.reuters.com/article/us-california-ghostguns-idUSKCN1022MB. Retrieved October 17, 2016. 
  23. "Bill Text - AB-879 Firearms.". https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB879. 
  24. "Connecticut General Assembly" (in en-US). https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2019&bill_num=7219. 
  25. "New Jersey S2465 | 2018-2019 | Regular Session" (in en). https://legiscan.com/NJ/bill/S2465/2018. 
  26. "New Jersey sues company over illegal 'ghost gun' sales" (in en). Reuters. 2019-03-22. https://www.reuters.com/article/us-new-jersey-ghost-guns-lawsuit-idUSKCN1R32DA. 
  27. "New Jersey S3897 | 2018-2019 | Regular Session" (in en). https://legiscan.com/NJ/bill/S3897/2018. 
  28. 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. https://web.archive.org/web/20161020103908/https://www.longislandpress.com/2015/06/26/long-island-trio-charged-in-nys-first-ghost-gun-bust/. Retrieved October 17, 2016. 
  29. Slattery, Denis. "New York bans 3-D-printed guns and other untraceable DIY firearms known as ‘ghost guns’". https://www.nydailynews.com/news/politics/ny-ghost-guns-untraceable-weapons-parts-printing-banned-20190730-2pexs3sl2zbjzptg64euktzbly-story.html. 
  30. "AG Shapiro, Gov. Wolf: 80% Receivers Are Firearms" (in en). https://www.attorneygeneral.gov/taking-action/press-releases/ag-shapiro-gov-wolf-80-receivers-are-firearms/. 
  31. "PAFirearmCase.com - Landmark Firearms, et al. v. PSP Commissioner Robert Evanchick" (in en). https://www.firearmspolicy.org/evanchick. 
  32. Prince, Joshua; Esq. (2020-01-31). "Injunction GRANTED against Pennsylvania State Police’s Policy relating to "Partially-Manufactured Frames and Receivers"" (in en). https://blog.princelaw.com/2020/01/31/injunction-granted-against-pennsylvania-state-polices-policy-relating-to-partially-manufactured-frames-and-receivers/. 
  33. "Pennsylvania judge puts hold on state ‘ghost guns’ policy" (in en). https://www.yorkdispatch.com/story/news/local/pennsylvania/2020/02/02/pennsylvania-judge-puts-hold-state-ghost-guns-policy/41128331/. 
  34. https://www.congress.gov/bill/116th-congress/house-bill/7468?q=%7B%22search%22%3A%5B%22ghost+guns%22%5D%7D&s=9&r=4
  35. https://raskin.house.gov/media/press-releases/raskin-cicilline-introduce-legislation-stop-home-manufacture-ghost-guns
  36. https://malegislature.gov/Bills/191/H3843
  37. https://malegislature.gov/Bills/191/S2649
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