A purchaser uses a drill press to create holes in the receiver and adds other parts to make a fully functional gun. Finishing kits and how-to guides are extensively available online and through specialty markets.
Many sellers host "building parties," where buyers come together to share tools and expertise and assemble their firearms. Ghost guns created with unfinished receivers range from basic handguns to semi-automatic weapons.
As long as it is intended for personal use, a ghost gun is exempt from federal regulation. Individuals purchasing an unfinished receiver or a kit to complete the assembly of a ghost gun are not subjected to a traditional background check, and are not restricted by criminal or mental health history.
The guns themselves are untraceable because there is no serial number on the receiver. In , a federal House Bill intended to ban unfinished receivers used to create assault weapons failed in its entirety.
California has become the first state to require registration: As of July 1, , anyone who makes or assembles a gun must apply first for a serial number or other identifying mark from the state Department of Justice.
As of January 1, , everyone who owned a firearm as of July 1, or later must apply for a serial number or identifying mark.
The law has some exceptions. The law forbids the sale or transfer of a gun registered under these provisions. Violations can be charged as misdemeanors. Penal Code Sec. Individuals can also make homemade firearms using 3D printers. Gun parts, predominately made of plastic, can be generated from 3D printers.
While unattainable to most individuals when the technology first emerged, 3D printers are now widely commercially available at a relatively modest price. In May , the open source firm Defense Distributed unveiled "The Liberator," a handgun made entirely from 3D printed plastic pieces save for a common hardware store nail used as the firing pin , and made the digital blueprints available online.
In the short amount of time since then, the technology has improved tremendously, resulting in extensively documented successful gun construction.
Similar to their ghost gun cousins, instructions, guides, and highly detailed schematics for how to create a 3D printed gun are widely available on the Internet, generally from anonymous sources; comparably, 3D-printed guns require no background checks, serial numbers, or registrations. While it is not illegal under the GCA to print and make a gun in one's home, there is a catch: plastic, the material most 3D printers use to make the gun parts. Because the Undetectable Firearms Act makes illegal any firearm that cannot be detected by a metal detector, every firearm must contain some amount of metal.
This means that a plastic 3D printed firearm must have a metal plate inserted into the printed body. Such a requirement is difficult to enforce, however, because these firearms bear no serial number and are not registered.
The opportunities to inspect these firearms and enforce the metal rule are practically nil. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Homemade guns made from unfinished "receivers" and on 3D printers are increasingly popular, and need not be registered or bear a serial number, nor must the maker-owner pass a background check.
Gun Control Legislation The Gun Control Act of GCA mandated, among other things, that persons "engaged in the business" of dealing in firearms must be licensed by the federal government. Modern Ways to Make a Homemade Gun While it has always been legal for an individual to make a homemade gun, in practical terms the process has not been so easy. It applies only to the federal laws of the United States. Additionally, this information applies only to non-NFA items.
All NFA items require serial numbers and other markings. Laws change. At some point in the future, the laws regarding homemade firearms may change and render this information obsolete. Do your own homework and err on the side of caution. Federal law does not prohibit an individual from making a fully functional firearm for his or her own use. However, you cannot make the gun with the intent to sell or otherwise transfer the gun to another. This prohibition includes making a gun as a gift for an immediate family member.
However, building a gun for yourself that you later decide to sell or transfer is permissible. I would strongly urge caution, as the practice of making a gun for another is prohibited without a license. It would be up to you to prove that you made it for yourself and then later decided to sell or give it away. Keep in mind this is all referring to federal law — not state law.
Individual states may pass laws that require serial numbers on home made firearms. However, the BATFE muddies the water on this one because of the way they phrase certain things, and that people do not read the underlying CFR referenced by the agency.
However, when directly questioned about the requirement, BATFE has stated that no serial number is required in this specific case. I suggest reading the additional information below. Federal law does not prohibit the transfer of a homemade firearm to another person so long as the gun was not made with the intent of transferring it to another person.
In other words, when you made the gun, if it was your intention to keep and use it yourself then it is legal to later sell, gift or trade the gun to another person and not be in violation of the manufacturer licensing requirements in federal law. A person who previously made a firearm for personal use is not prohibited by law from selling such firearm.
The gun may be transferred in any of the normal ways including face-to-face sales within a state where not precluded by local law , through an FFL or by passing of the weapons to an heir. Making a firearm to gift to someone is not making a firearm for personal use. In other words, you cannot make your son a hunting rifle and give it to him for Christmas unless you hold an FFL.
I have been unable to find any public law or CFR that requires a serial number or other marking on a personally made and owned firearm that is later transferred.
But I have and it can be read here. You, as a licensed manufacturer or licensed importer of firearms, must legibly identify each firearm manufactured or imported as follows…. As someone who is not an FFL holder who is making a gun at home and for your own personal use, this CFR simply does not seem to apply. I have seen an image of part of a letter that is presumably from the BATFE on this subject that further confuses the subject.
For clarification, if I not a licensed manufacturer or importer make a firearm for personal use and at some later date I decide to sell it, am I required to have it marked with any information? If so, what information would be required?
Firearms markings are only required by those who are licensed importers, licensed manufacturers, and those who make an NFA firearm for personal use. Again, I urge extreme caution. The presumption in law is that you need an FFL to manufacture firearms for sale to others. It would appear that you need to be able to prove that the personally made gun was for you and used by you and not intended for transfer to another person. I have no intention of ever selling, trading or otherwise transferring any gun that I may make to someone else.
The second reason, however, is much more important to me. Marking your firearm with a serial number and other information will allow it to be identified as a stolen firearm if it is ever taken from you. When an officer comes across some gang banger with your gun, that serial number will come back as stolen. The thug in possession will go for a felony and the officers might be able to track back and find out who broke into your home.
Cops getting criminals — especially violent ones — off the street is something I fully support. A serial number on your gun can help that happen should it ever be stolen. Researching and writing articles like this one take a lot of time. If you found value in it, would you consider using one of the following links the next time you need to make a purchase?
I earn a small amount of money on anything you purchase which literally helps me feed my family. This is the initial e-mail I sent to the BATFE seeking clarification on the issues surrounding the manufacture and marking of personally made guns:. Richard Johnson is a gun writer, amateur historian and - most importantly - a dad. He's done a lot of silly things in his life, but quitting police work to follow his passion of writing about guns was one of the smartest things he ever did.
He founded this site and continues to manage its operation.
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