Privately made firearm

A privately made firearm (also referred to as a ghost gun or homemade firearm) is a legal term for a firearm produced by a private individual as opposed to a corporate or government entity.^[1] The term "ghost gun" is used mostly in the United States by gun control advocates, but it is being adopted by gun rights advocates and the firearm industry because of recent regulations adopted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.^[2]

Receiver blanks in various stages of completion. Receiver blanks are often used in the manufacture of privately made firearms.

Production

United States

See also: Gun law in the United States

Under U.S. federal law, the manufacture and possession of firearms for non-commercial purposes (i.e., personal use) has, almost without exception, been unlicensed and legal. Since the 1968 passage of the Gun Control Act, however, anyone intending to manufacture firearms for sale or distribution is required to obtain a Federal Firearms License, and each firearm made is required to bear a unique serial number.^[3][4][5]

In 2022, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a rule that determined "buy build shoot" kits, which can be assembled into functioning firearms in as little as 20 minutes, fit within the definition of "frame or receiver" used in the Gun Control Act of 1968.^[6][7] The ATF regulation, Final Rule 2021-05F, went into effect on August 24, 2022.^[8] This regulation expanded upon the current terms used in the Code of Federal Regulations by addition of the following:

"The term [firearm] shall [also] include a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive."^[9][a]

The ATF rule thus required such kits to have serial numbers, required manufacturers of such kits to be licensed, and required commercial sellers of such kits to conduct background checks for purchasers.^[6][7] Under U.S. law, the frame or receiver of a firearm is treated as though it were a firearm itself; accordingly, both are subject to similar regulations.^[10]

 

An example of a firearm parts kit regulated by ATF Rule 2021R-05F.

The rule was challenged in court by gun advocacy groups, and a U.S. district judge in Texas, Reed O'Connor, ruled in 2023 that the ATF rule exceeded the agency's authority and issued a nationwide injunction blocking the rule.^[6] However, the U.S. has appealed to the Fifth Circuit,^[6] and O'Connor's injunction was stayed by the U.S. Supreme Court, allowing the rule to go into effect pending further proceedings.^[11]

While some states have passed controversial laws restricting the creation of privately made firearms, in most states unfinished receivers are sold without requiring a federal or state background check.^[12][13]

History

Since firearms manufacturers began procuring unfinished frames and rifle receivers from separate, OEM companies in interstate commerce, specialists, and private individuals have also purchased and finished these components as "receiver blanks" at home. Most unfinished receivers from the 20th century could be finished with hand tools, the common drill press, or machine tools.^[14][15] Certain companies in the 1990s began to sell receiver kits that could include drill bits, stencils, or jigs to aid the finishing process.^[2]

 

Milling of the fire-control group in a receiver blank.

Starting in the 2010s, 80% complete polymer frames and kits became popular, which require only hand tools for finishing. Polymer80, based in Dayton, Nevada, became well known for being a top producer of 80% Glock-compatible frames.^[16][17][18]

 

A privately made pistol with a polymer frame.

It has always been possible to make firearms from raw materials, and more recently it has become popular among firearms hobbyists to produce receivers from plastic with a 3D printer, though the variety of materials and methods used to create these receivers are of greatly varying quality.^[2]

 

An AR-15-esque (lower) receiver blank created using a 3D printer.

A popular machine tool for completing receiver blanks is a CNC mill. The company Defense Distributed sells a CNC milling machine named the Ghost Gunner for this purpose.^[2][19]

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, commercial and unregulated components, such as barrels, stocks, and upper receivers.^[2]

 

A privately made firearm built in the style of the ArmaLite Rifle 15.

Pistols and AK-47-style semi-automatic rifles are also popularly made as privately made firearms.^[20]

Non-U.S. jurisdictions

Overseas production centers of clandestine privately made 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.^[21]

Political controversy

Traceability

Because they lack serial numbers and manufacturer identification,^[14] privately made firearms are more difficult to trace than conventional firearms.^[6][22]

To help trace privately made firearms used in crime and assist detectives in criminal investigations, ATF officials have advised law enforcement agencies to submit evidence obtained in investigations to the National Integrated Ballistic Information Network (NIBIN).^[23]

In a 2021 commentary on firearms in the journal Injury Epidemiology, firearm violence expert Garen Wintemute wrote that "The potential for large-scale, clandestine firearm manufacture in support of armed extremist groups is cause for great concern."^[24] Wintemute wrote that the relative inexpensiveness of 3D-printing equipment could facilitate the growths of arsenals held by violent extremist organizations.^[24] Indeed, 3D-printers have been used by Mexican drug cartels to clandestinely manufacture destructive devices similar to those shown below.^[25]

 

Two privately manufactured 37mm destructive devices.

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, the ATF has documented recoveries of privately made firearms in 38 States plus DC, Puerto Rico, and the Virgin Islands.^[23] The ATF noted an increasing number of privately made firearm seizures every year since 2016, and over 1,600 of these firearms have been entered into NIBIN.^[23][26]

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.^[27][28][13] 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.^[29][13] Gun rights advocates and law enforcement assert that because of the cost and effort required to make privately made firearms, criminals would prefer to steal firearms for use in crime, a fact borne out by DOJ statistics.^[30] Between 2012 and 2017, the ATF estimated over 1.8 million firearms were stolen from individual gun owners, vehicles and residences, and another 40,000 were stolen from FFLs (Federal Firearms Licensees), numbers that vastly dominate over the number of privately made firearms linked to crimes.^[23]

Notable crimes

High-profile crimes in which privately made firearms were used include shooting rampages in Rancho Tehama, California (2017),^{[31][29][30][32][33]} Baltimore, Maryland (2017),^[33][32] and Kingsessing, Philadelphia (2023).^[34] In each of these cases, the shooter used home-assembled AR-15–style rifles.^[33][32][34] Recently, law enforcement officials in the United States have began encountering privately made machine gun conversion devices.^[35] Devices such as the Glock switch have been used in crimes such as the 2022 Sacramento shooting.^[36]

 

Example of privately made machinegun conversion devices. The devices on the left are Glock switches. The devices on the righthand side are known as ‘swift links’. They are used in Glock handguns and AR-15–style rifles respectively.

On July 8, 2022, former Japanese prime minister Shinzo Abe was assassinated in Nara, Japan, using a homemade "zip-gun" that was electrically fired via a metal filament wire heating up near the propellant.^[37]

U.S. law

U.S. federal law

Congress passed the Gun Control Act of 1968 or the GCA, to expand interstate commerce controls over common firearms like handguns, shotguns and rifles.^[23] The GCA requires those who are "engaged in the business" of manufacturing or dealing in firearms to be licensed by the ATF.^[38] 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, current users of illicit drugs 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.^[23]

While Congress passed the GCA as a response to the assassination of then-President John F. Kennedy, its drafters expressly added that the Act was not intended to place any undue burden on law-abiding citizens who use or make firearms for lawful, private purposes.^[23]

ATF enforcement and discretion

The ATF’s involvement in regulating privately made firearms is primarily through its regulation of the receiver blanks commonly used to create such firearms.^[39] The ATF has exerted enforcement discretion in determining when it believes a receiver blank meets the statutory definition of a frame or receiver under the Gun Control Act of 1968.^[40] If a receiver blank is believed to be a frame or receiver, it is treated by ATF as a firearm and subjected to certain controls.^[41] The following graphic illustrates the features ATF considers^[42] preclude a receiver blank from regulation as a frame or receiver:

 

Features of a receiver blank that ATF does not consider as a ‘firearm ‘ under the Gun Control Act of 1968.

Conversely, a receiver blank with the following features is considered by the agency to be a receiver subject to control as a ‘firearm’ under the Gun Control Act of 1968:

 

Features of a receiver blank that ATF considers as a ‘firearm ‘ under the Gun Control Act of 1968.

U.S. state laws

California

In 2014, the California Legislature passed a bill to require serial numbers on receiver blanks and all other firearms, including antique guns,^[43] but it was vetoed by Governor Jerry Brown.^[44] 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.^[45] From July 1, 2024, "firearm precursor parts" may only be sold through a licensed dealer.^[46]

Colorado

On January 4, 2022, Mayor Michael B. Hancock signed into law a bill outlawing certain privately made firearms in Denver, Colorado. The law outlaws the creation, carriage, transportation, discharge, and sale of firearms without serial numbers.^[47]

On June 2, 2023, Governor Jared Polis signed Senate Bill 23-279 (Unserialized Firearms And Firearm Components) into law. The law bans the manufacture, possession and sale of unserialized firearms and unserialized frames/receivers, effective January 1, 2024.^[48][49][50] A violation is made a Class 1 misdemeanor, and a subsequent offense is a Class 5 felony.^[48][50] It also provides regulations requiring existing unserialized firearms to be serialized by a licensed firearms dealer (and for the owners to have background checks) by January 1, 2024.^[48][49][50]

Connecticut

Since October 1, 2019, all manufactured guns must have a serial number obtained from the Department of Emergency Services and Public Protection engraved.^[51] Any plastic gun that "after removal of grips, stocks and magazines, is not ... detectible" by metal detectors is banned under Connecticut law.^[52]

Delaware

On October 20, 2021, Governor John Carney signed House Bill 125 into law, which "establishes the crimes of possession of an unfinished firearm frame or receiver with no serial number, possession of and manufacturing a covert or undetectable firearm, possession of and manufacturing an untraceable firearm, and manufacturing or distributing a firearm using a three-dimensional printer."^[53] The bill effectively prohibits private manufacture of a firearm, by criminalizing possession of an untraceable firearm, including unfinished frames and receivers.

The Delaware law is being challenged in litigation by gun-rights activists,^[54] specifically the Firearms Policy Coalition and two individuals.^[55] In September 2022, in the case of Rigby v. Jennings, Federal District Court Judge Maryellen Noreika issued a preliminary injunction that barred Delaware from enforcing the portion of the law that restricts the possession and manufacture of untraceable firearms, siding with plaintiffs on their claim that they were likely to succeed on the merits of their Second Amendment claim.^[54][56] However, Noreika denied the plaintiffs' request for an injunction to block the parts of the law that regulate firearm distribution and prohibit distribution of computer code that would facilitate the manufacture of 3D-printed guns.^[56]

Illinois

With the signing of HB4383 in May 2022, building, selling, or possessing privately made firearms without serial numbers is prohibited in Illinois.^[57]

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.^[58] This law will also outlaw the mere possession of such items starting in March 2023.^[58]

New Jersey

S2465, enacted in November 2018, prohibits the manufacture and sale of guns or parts that are or can become a privately made firearm.^[59] 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.^[60] In July 2019, S3897 was enacted, which criminalizes transferring or possessing unserialized firearms.^[61]

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."^[62] In 2019, New York passed a law to prohibit the making, selling, transporting or possessing 3D-printed guns or other undetectable firearms.^[63]

On October 28, 2021, New York Governor Kathy Hochul signed into law restrictions on privately made firearms. This consisted of The Scott J. Beigel Unfinished Receiver Act and The Jose Webster Untraceable Firearms Act.^{[64][dubious ]}

Pennsylvania

In December 2019 Josh Shapiro, then Attorney General, issued a legal opinion that 80% lower receivers are considered firearms.^[65] After a legal challenge, in January 2020 the Commonwealth Court issued a preliminary injunction blocking AG Shapiro's opinion.^[66][67][68]

Pending legislation

United States Congress

On July 1, 2020, Representatives Jamie Raskin (MD-08) and David Cicilline (RI-01) introduced House Resolution 7468,^[69] aiming to outlaw certain conduct in relation to privately made firearms.^[70] 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,^[71] "An Act relative to ghost guns", presented by Marjorie C. Decker of 25th Middlesex district, and Bill S.2649,^[72] "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.^[73] 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.^[73] 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.^[73] HB2253 also proposes to include privately made firearms as a new class of prohibited firearm in certain areas, including public buildings.^[73] 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.^[74]

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..."^[75] 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."^[76]

See also

• Improvised firearm
• List of notable 3D printed weapons and parts
• Right to keep and bear arms

Notes

1. The term "readily" with respect to firearms is defined in another regulation (27 C.F.R. 478.12(c)), and the ATF stated in a December 2022 open letter that the same definition applies to all firearm frames and receivers.^[8]

References

1. "What is a privately made firearm (PMF)?". ATF. July 22, 2022. Retrieved August 22, 2023. A PMF is a firearm, including a frame or receiver, completed, assembled, or otherwise produced by a person other than a licensed manufacturer, and without a serial number placed by a licensed manufacturer at the time the firearm was produced.
2. Greenberg, Andy (June 3, 2015). "I Made an Untraceable AR-15 Ghost Gun in My Office And It Was Easy". Wired. from the original on October 20, 2016. Retrieved October 17, 2016.
3. "Does an individual need a license to make a firearm for personal use? | Bureau of Alcohol, Tobacco, Firearms and Explosives". www.atf.gov. from the original on October 1, 2017. Retrieved October 3, 2017.
4. Pane, Lisa Marie (November 24, 2019). "'Ghost Guns' Are Untraceable, Easy to Make". Antelope Valley Press. Associated Press. Retrieved November 27, 2019.
5. How to Make a Homemade Gun (Full Length), retrieved September 12, 2021
6. Andrew Chung & John Kruzel, Biden administration asks US Supreme Court to block 'ghost gun' ruling, Reuters (July 27, 2023).
7. Ian Millhiser, A new Supreme Court case could allow criminals to get guns without background checks, Vox (August 1, 2023).
8. Open Letter to All Federal Firearms Licensees, Bureau of Alcohol, Tobacco, Firearms, and Explosives (December 27, 2022).
9. "Meaning of Terms". Code of Federal Regulations. Retrieved August 22, 2023. The term [firearm] shall include a weapon parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive.
10. "18 U.S. Code § 921 - Definitions". LII / Legal Information Institute. Retrieved August 23, 2023. (3) The term 'firearm' means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
11. Mark Sherman, Supreme Court reinstates regulation of ghost guns, firearms without serial numbers, Associated Press (August 8, 2023).
12. "District seeks to ban 'ghost gun' kits as seizures of homemade weapons soar". The Washington Post. February 27, 2020. Retrieved July 7, 2020.
13. McWilliam, Jamie (March 26, 2022). "The Unconstitutionality of Unfinished Receiver Bans". Harv. J.L. & Pub. Pol'y Per Curiam (9). Cambridge, MA.
14. Sam Stanton; Denny Walsh (December 19, 2015). "California black market surges for ghost guns". The Sacramento Bee.
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22. "A Blueprint for a U.S. Firearms Data Infrastructure: Final Recommendations of the Expert Panel on Firearms Data Infrastructure" (PDF). NORC at the University of Chicago. October 2020. p. 14. There is no make, model, or serial number on these firearms. Data systems are not able to track this market in a meaningful, actionable way
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25. Hamilton, Keegan (March 15, 2023). "People Are 3D Printing Anti-Tank Rocket Launchers Now". Vice. Retrieved November 9, 2023.
26. "Sacramento At Center Of Untraceable 'Ghost Gun' Surge". CBS Sacramento. May 16, 2016. from the original on October 20, 2016. Retrieved October 17, 2016.
27. Moody, Oliver (June 25, 2016). "Anarchist will supply kit to build your own assault rifle". The Times [London (UK)].
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29. 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.
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31. Melendez, Lyanne (August 4, 2015). "Walnut Creek Police Say 'Ghost Gun' Used In Murder-Suicide". KGO-TV San Francisco, ABC News. from the original on October 20, 2016.
32. "Shooting rampage in California highlights "ghost guns" and their dangers". CBS News. November 16, 2017. from the original on November 17, 2017. Retrieved November 16, 2017.
33. Andrew Blankstein and Corky Siemaszko, California mass shooter made his own rifle, NBC News (2016).
34. Bill Hutchinson, Philly leaders sue ghost gun manufacturers just days after mass shooting, ABC News (July 6, 2023).
35. Stephens, Alain (March 24, 2022). "The Return of the Machine Gun". The Trace. Retrieved November 9, 2023.
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37. Satoshi Sugiyama; Chang-Ran Kim (July 8, 2022). "Shinzo Abe's assassin used a handmade firearm". Reuters.
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39. Nicastro, Johnathan (August 9, 2023). "Yes, the ATF Can Legally Regulate Ghost Guns". National Review. Retrieved November 8, 2023.
40. "Ghost Guns". Giffords. Retrieved November 8, 2023.
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44. . www.calffl.org. Archived from the original on October 1, 2017. Retrieved October 1, 2017.
45. Dobuzinski, Alex (July 23, 2016). "California governor signs bill to require registration of 'ghost guns'". Reuters. from the original on October 20, 2016. Retrieved October 17, 2016.
46. "Bill Text - AB-879 Firearms". leginfo.legislature.ca.gov. Retrieved December 1, 2019.
47. Morgan Keith (January 4, 2022). "Ghost guns – easily assembled firearms without serial numbers – are now banned in Denver". Business Insider.
48. SB23-279, Unserialized Firearms And Firearm Components
49. Ghost guns ban wins final approval from House Democrats, KUSA (May 5, 2023).
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51. "Connecticut General Assembly". Connecticut General Assembly. Retrieved June 11, 2019.
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54. Randall Chase (September 24, 2022). "Federal judge bars enforcement of Delaware 'ghost gun' restrictions". Associated Press.
55. Melissa Steele (October 2, 2022). "Delaware ghost gun bill on hold". Cape Gazette.
56. Jacklyn Wille, Delaware 'Ghost Gun' Restrictions Partially Blocked by Judge, Bloomberg Law (September 26, 2022).
57. "What Are 'Ghost Guns', and Why Are They Now Banned in Illinois?". NBC Chicago. May 18, 2022. Retrieved May 19, 2022.
58. "Ghost guns to become outlawed in Maryland without Hogan's signature". The Washington Post. April 8, 2022.
59. "New Jersey S2465 | 2018-2019 | Regular Session". LegiScan. Retrieved March 22, 2020.
60. "New Jersey sues company over illegal 'ghost gun' sales". Reuters. March 22, 2019. Retrieved March 22, 2020.
61. "New Jersey S3897 | 2018-2019 | Regular Session". LegiScan. Retrieved March 22, 2020.
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63. Slattery, Denis. "New York bans 3-D-printed guns and other untraceable DIY firearms known as 'ghost guns'". nydailynews.com. Retrieved May 14, 2020.
64. 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.
65. "AG Shapiro, Gov. Wolf: 80% Receivers Are Firearms". Pennsylvania Office of Attorney General. Retrieved January 11, 2020.
66. "PAFirearmCase.com - Landmark Firearms, et al. v. PSP Commissioner Robert Evanchick". Firearms Policy Coalition. Retrieved January 11, 2020.
67. 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.
68. "Pennsylvania judge puts hold on state 'ghost guns' policy". York Dispatch. Retrieved February 5, 2020.
69. Raskin, Jamie (July 1, 2020). "H.R.7468 - 116th Congress (2019-2020): Stop Home Manufacture of Ghost Guns Act of 2020". www.congress.gov.
70. "Raskin, Cicilline Introduce Legislation to Stop Home Manufacture of "Ghost Guns"". Congressman Jamie Raskin. July 2, 2020.
71. "An Act relative to ghost guns". malegislature.gov. 2019. Retrieved January 19, 2021.
72. "Bill S.2649 (An Act relative to 3D printed weapons and ghost guns)". The General Court of the Commonwealth of Massachusetts.
73. "Illinois General Assembly - Bill Status for HB2253". www.ilga.gov. Retrieved December 9, 2020.
74. "Illinois General Assembly - Full Text of HB2253". www.ilga.gov. Retrieved December 9, 2020.
75. Illinois, JERRY NOWICKI Capitol News. "Illinois bill aims to regulate homemade guns, blueprints". The Southern. Retrieved December 9, 2020.
76. "Bill aims to regulate homemade guns, blueprints". Capitolnewsillinois.com. Retrieved December 9, 2020.