Regulation of Ghost Guns
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New Federal ‘Ghost Gun’ Regulation to Take Effect August 24, 2022
In response to a national uptick in firearm violence and increasing black market for homemade, military-style semi-automatic rifles and handguns, the Biden administration has enacted a new federal rule designed to strengthen the enforcement of gun serial number requirements – specifically targeting so-called ‘ghost guns.’
Ghost guns are unregistered firearms that are privately assembled and untraceable because they lack serial numbers. Ghost guns can be assembled from “buy-build-shoot” kits or other parts that can be purchased online or 3-D printed. Previously, these guns could be obtained without a background check and were not required to be registered.
Contact a criminal defense lawyer for details
On April 26, 2022, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), published a new federal rule governing ghost guns revising and amending existing ATF regulations in three ways:
- Defining weapon-parts kits and partially complete frames for handguns or receivers for long guns – the key components of ghost guns – as “firearms” under existing federal law.
- Requiring ghost guns to be marked with serial numbers.
- Incorporating existing recordkeeping requirements as applicable to ghost guns.
According to a recent report by the United States Department of Justice, law enforcement officers across the United States recovered approximately 1,700 privately assembled guns in 2016, but more than 19,000 in 2021. Within that five-year period, officers recovered more than 45,000 privately assembled guns nationally with approximately 40 percent recovered in 2021 alone. According to Minnesota Attorney General Keith Ellison, law enforcement officials in Minnesota have reported a similarly sharp increase in ghost guns recovered at crime scenes in recent years.
While the new rule won't ban gun kits outright or enhance penalties for crimes where ghost guns are used, it allows the regulation of ghost guns to be consistent with federal laws governing traditional guns by subjecting them to the same processes.
Under the new rule, the kits will need to be produced by licensed manufacturers and persons or businesses selling these kits will be required to obtain federal firearms dealer licenses.
As with other commercially made firearms, ghost gun manufacturers will be required to run background checks before a sale. This requirement applies to all firearms whether manufactured from individual parts, kits, or by 3D-printers.
The new rule also requires that licensed dealers add serial numbers to any ghost guns that are currently part of their inventory, regardless of how the gun was produced.
Finally, the rule requires licensed gun retailers to retain records for as long as they remain in business. Previously, dealers were permitted to destroy most records after 20 years, making it difficult – if not impossible –
for law enforcement to trace firearms found at crime scenes.
The provisions of the new regulation become effective on August 24, 2022 and will apply to ghost gun sales in Minnesota and all other states.
If you find yourself facing serious criminal charges regarding ghost guns, firearm offenses or any other federal or state criminal matter, you need a MN criminal defense team with deep legal knowledge and a willingness to fight on your behalf in any court. At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your corner. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).
