Ghost Guns: Untraceable Firearms and Regulatory Gaps

Published on March 6, 2024

by Jonathan Ringel

Over the past few years, ghost guns have become a hot topic in the firearms community and in the political arena. These untraceable firearms, often referred to as “homemade” or “DIY” guns, have been on the rise due to their accessibility and lack of regulation. However, with the increase in mass shootings and gun violence, ghost guns have sparked a contentious debate about their legality and potential dangers. In this article, we will delve into the world of ghost guns, exploring their origins, their impact on gun control laws, and the regulatory gaps that exist surrounding these elusive firearms.Ghost Guns: Untraceable Firearms and Regulatory Gaps

The Rise of Ghost Guns

Ghost guns are essentially guns that are built from parts or kits, rather than being manufactured by a licensed gun manufacturer. These parts can be purchased online or at gun shows without a background check or serial number, making them virtually untraceable. The most popular type of ghost gun is the AR-15, a semi-automatic rifle that is often used in mass shootings.

The origins of ghost guns can be traced back to the 1968 Gun Control Act, which required all gun manufacturers to obtain a federal firearms license and engrave serial numbers on their weapons. However, with the rise of the internet and technology, it became easier for individuals to purchase gun parts and assemble their own firearms without needing a license or serial number.

The Legal Gray Area

Ghost guns exist in a legal gray area, making it difficult for lawmakers to regulate them. Because these firearms are not sold as complete guns, they do not fall under the jurisdiction of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and are not subject to federal background checks. This means that individuals with a criminal record or those who are prohibited from owning a firearm can still obtain a ghost gun.

In addition, because ghost guns are not considered firearms by federal law, they do not require a serial number. This makes it virtually impossible for law enforcement to trace these guns if they are used in a crime, creating a major loophole in the system and posing a threat to public safety.

The Impact on Gun Control Laws

Ghost guns have a significant impact on gun control laws, as they provide a way for individuals to obtain firearms without going through traditional channels and bypassing background checks. This not only makes it easier for criminals to obtain guns, but it also undermines the efforts of gun control advocates who are pushing for stricter regulations.

In response to the rise of ghost guns, some states have taken action to regulate them. California, for example, requires anyone who assembles a ghost gun to obtain a serial number from the DOJ and undergo a background check. However, the patchwork of state laws makes it difficult to effectively regulate ghost guns on a national level.

The Regulatory Gaps

One of the biggest concerns surrounding ghost guns is the lack of regulation and the potential dangers they pose. With no serial numbers or background checks, these firearms can easily end up in the wrong hands. Additionally, they can be modified with high-capacity magazines and other accessories to make them even more dangerous.

The ATF has attempted to regulate ghost guns by classifying them as “firearms” if they are more than 80% complete. However, this determination is difficult to enforce and has been challenged in court. In the absence of federal regulations, it is up to states to fill in the gaps and address the issue of ghost guns.

In Conclusion

Ghost guns have created a complex and controversial issue in the world of firearms and gun control. Their accessibility and lack of regulation have sparked concern among lawmakers and the public, and it is clear that action must be taken to address the problem. Whether it is through federal regulations or state laws, it is crucial for measures to be put in place to prevent these untraceable firearms from falling into the wrong hands and potentially causing harm.

Ultimately, the issue of ghost guns highlights the need for a comprehensive and cohesive gun control policy that addresses all aspects of gun ownership, including the rise of DIY firearms. Only by addressing regulatory gaps and implementing stricter regulations can we work towards creating a safer society for all.